Terms of Service
The Following Terms And Conditions Are Entered Into By Smooth Water Media Llc, A Connecticut Limited Liability Company (“we Or Us”), And Any Individual (“you”) That Uses Our Forum On Www.boatlinks.com (“website”), As May Exist From Time To Time, Either As A General Visitor Or As A Registered User Accessing Our Forum. Access And Use Of Our Forum As A Registered User Is Hereinafter Referred To As The “services”.
Limited Public Access Rights
You are permitted to access all visible content and features made available to You as a non-registered visitor contained on this Website including any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element that we may make available to you form time to time (collectively “Materials”).
Registered Users Limited Access Rights
Subject to your registration and Your continued compliance with the terms and conditions of this Agreement, upon Your registration and account creation, You are hereby granted a non-exclusive, non-transferable and revocable right to access and use the Services and all features made available thereunder, from time to time including any materials, features or applications made available to You through Your user profile page in order to use the Services (“Profile), for your use in connection therewith.
You are not authorized to: (i) resell or sublicense, outsource, time-share or rent the Services or any separate component thereof or any Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services or any portion thereof or any Materials or use unauthorized versions of the Services or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, in whole or in part, except as otherwise expressly permitted in this Agreement. You are being granted with rights to access and use the Services and all Materials or limited purposes described herein and no portion of the Services and/or Materials are being sold to You. Except as expressly stated herein, this grant does not convey any other rights in and to the Services or any Materials, express or implied, or ownership of any applicable Materials or any intellectual property rights. All rights not expressly granted herein are reserved by us.
Registration & User Accounts
We require that each user register and create an account in order to utilize the Services and otherwise submit links to our forum. Once You provide the requested information during the registration process, an account will be automatically created. You warrant and represent to us that any information You provide during registration is accurate and current. You will be required to maintain and update the user registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be required to create a user ID and password to log-in to Your Profile, or log-in using your existing Google and/or Facebook account credentials. You can use this log-in information to access the Services at any time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You agree that we may act in reliance, without investigation, upon any of your log-In information.
Your ability to access and use the Services may require the payment of third-party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use the Site or the Services.
Your ability to access and use the Services may require the payment of third-party fees and charges (including but not limited to fees and charges such as telephone toll charges, airtime charges or Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use of the Services.
Our Affiliate Compensation
We provide links to third-party websites/sellers including Amazon and other third-party sellers allowing you to purchase other products or services offered by these third-party providers. We are paid affiliate commissions, referral fees, or we may receive other consideration, such as free products, gift cards or rebates any time you purchase any other products or services through this Website. We also receive consideration from such third parties in connection with our endorsement or honest review of any of their goods or services. However, we only endorse products or services that we are actually familiar with, have used or tested and that we genuinely believe are effective and can benefit our users.
Posted Links Content Policy & User Representations
Users are permitted post links (primarily to other interesting websites, such as to articles, videos, etc on the topic of boating), which may be links alone, links plus some additional text, and links with images. Any links You submit must be approved by the site administrator before they become visible on the Website.
The following terms and conditions contain important restrictions, notices and disclaimers that governs your use of the links You submit including any accompanying images, graphics, videos, text, and/or any other written or electronic materials that You submit on our forum in connection with the Services (collectively “Content”), and You agree to comply with such terms and conditions at all times during your use of the Services.
a. Representations. You represent that You are the owner, authorized licensee or authorized user of any Content that is uploaded and used directly by You on our Website. You agree that You will not submit any Content that:
- promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, contains pornography, is threatening or unlawful material or that is harmful to minors; or
- encourages conduct that would violate any law or Content that violates any applicable statute, ordinance, regulation or rule; or
- contains personal information about any individual without that persons consent or otherwise violates the privacy of any other individual or entity or Content You are not authorized to disclose; or
- contains personal information about any individual without that persons consent or otherwise violates the privacy of any other individual or entity or Content You are not authorized to disclose; or
- misrepresents an affiliation with another person or organization or posting any Content that infringes any copyright, trademark, service mark, patent, trade secret or other intellectual property right of any third party;
- contains viruses, corrupted files, worms, Trojan horses or any other similar malicious software or programs that may expropriate, intercept or interfere with any data, information, property or system of another person or that may damage interfere or adversely affect the operation of our Website or any computer or other device of any user of our Website; or
- is materially false, misleading or inaccurate.
c. Irrevocable License to Use Content. Any Content you submit to our Website will be treated as non-confidential and may be restricted from being displayed on this Website under the terms of this Policy, at our sole discretion. When You post Content on this Website, you keep all rights and title You may have, if any, including any copyrights, but You grant us with an irrevocable, nonexclusive, royalty-free and perpetual right to post, display, copy, and modify that Content in connection with the operation of this Website and our business and to sell or otherwise transfer that Content in connection with transfer of operation and/or ownership of this Website or other location to which the Content was posted, as may be applicable.
d. DMCA and Trademark/Service Mark Policy. We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.
e. Content Removal & Termination. If you choose to terminate your access and use of the Services, the terms of this Agreement regarding any Content that You have submitted remain applicable. Content that you have submitted other than Content that has been published, may not be deleted or retired as a result of your termination. Data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures. If we become aware of any actual or possible violations by You of any provision of this Agreement, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately terminate this Agreement (including your access to the Services), or may remove any Content, in whole or in part, without prior notice to You. If, as a result of any such investigation, we believe that criminal activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. In connection with any such investigation, we are entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate, any information (including without limitation personally identifiable information), about you that is in our possession in connection with your use of the Profile and the Services in general.
We shall not be responsible to You for any Content. We assume no responsibility to investigate or verify that the Content appearing on this Website does not violate any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Content posted or transmitted on this Website that is defamatory, libelous or slanderous, contains any omissions, falsehoods or otherwise violates any law or right of some third party.
General Information As-Is
THE INFORMATION AND CONTENT PROVIDED DIRECTLY BY US ON THIS WEBSITE IS ON A “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. Every effort has been made to ensure the completeness and the accuracy of the information contained in this Website. However, We make no guarantees, warranties or representations as to the accuracy of the information contained in this Website or the quality of such information, its usefulness or reliability and We assume no responsibility for any errors, omissions or any inconsistencies. In addition, events or changes occurring after the content contained on this Website was written may render some of the information as obsolete, incomplete or inaccurate. You should not rely on any information contained on this Website, and any such use/reliance shall be done by You at Your sole risk and We shall have no liability to You for such use and reliance.
Injuries Risk Waiver
You agree to participate in any outdoor boating or other recreational activity or event that You learn about or otherwise become engaged in through your use of the Services at your sole risk. We shall have no liability to You and You agree to otherwise release us, our officers, employees, members, agents, successors and/or assigns (“Released Parties”) from any and all liability of whatever kind and nature for any injuries or other adverse health consequences or conditions that You may sustain or suffer in connection with my participation in any recreational activity or event in connection with your use of the Services, in any manner, including, but not limited to, any and all claims for negligence.
External links Disclaimer
This Website contains links to third party websites posted by our users which are not owned or operated by us. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Content. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so do entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.
Our Intellectual Property
You are being granted with rights to access and use the Services and all Materials or limited purposes described herein and no portion of the Services and/or Materials are being sold to You. Except as expressly stated herein, this grant of access rights does not convey any other rights in and to the Services or any Materials contained on this Website, express or implied, or ownership of any intellectual property rights. All rights not expressly granted herein are reserved by us.
We shall possess and retain all copyrights to content we have created used in the operation of this Website and the Services. This includes all programs, applications and separate source code, photographs, illustrations, audio files, videos, animations, flash files, text and all other similar Materials which are protected by copyrights held by us. We retain all rights, ownership, title and interest in and to all such property. We may also use content set forth above obtained from third party sources under a use license. All rights to such third party content remains with the owners of such third party content.
b. Trademarks & Service Marks
All logos or any other trademarks, trade names or service marks and/or any other marks or snippets, tags and metatags containing any such trademarks, service marks or trade name posted on this Website, whether marked or unmarked, is owned by us. No trademarks, trade names, service marks, etc., displayed on this Website may be used or displayed/published by You in any manner or through any medium without our prior written consent. We retain all rights, ownership, title and interest in and to all trademarks, trade names or service marks displayed on this Website used to identify the source of our services, whether or not we have registered for or have been granted any such protections under state and/or federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited.
c. Third-party IP Rights
Termination of Services
We can terminate your use and access of the Services by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website or Services is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services; or iii) if we determine in our sole judgment that continuing the operation of the Services and/or Website is no longer desirable or in the best interests of the operators of the Website. Once this Agreement is terminated for any reason, your license to use the Services shall terminate and shall otherwise be revoked by us. We will retain any of your personally identifiable information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures.
Indemnification by You
You hereby agree to defend, indemnify and hold us, our officers, members, managers, employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services; or (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third-party.
Website Down Time Disclaimer
While we strive to keep downtime to a minimum, from time to time the Website and the Portal may be unavailable, whether due to periodic maintenance or otherwise. We shall not be liable to you for any downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Website at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information), (ii) any reason described in our section regarding Force Majeure, or (iii) your inability to connect to or to access the Website or the Portal due to problems related to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem.
SERVICES & WEBSITE INFORMATION AS-IS
THE SERVICES AND ALL INFORMATION CONTAINED ON THIS WEBSITE MADE AVAILABLE TO ALL VISITORS ARE BEING MADE AVAILABLE ON A “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND ARE BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE SERVICES OR THAT THE INFORMATION OR SERVICES WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE SERVICES.
WE DO NOT WARRANT THAT THE SERVICES ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION. WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY OF ANY SERVERS OR WITH TELECOMMUNICATIONS OR THIRD-PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST OUR WEBSITE AND/OR TO PROVIDE ACCESS TO ANY SERVICES OR MATERIALS MADE AVAILABLE THROUGH OUR WEBSITE, UNDER ANY CIRCUMSTANCES. THE USE OF THE SERVICES AND THE MATERIALS THEREFROM SHALL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND WITH YOUR UNDERSTANDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA OR ANY OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY FAILURE THAT ARISES OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES WITH ANY HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION ANY FAILURE RELATED TO OR ARISING FROM YOUR INABILITY TO CONNECT TO OR TO ACCESS THE WEBSITE OR SERVICES DUE TO PROBLEMS RELATED TO YOUR COMPUTER, HARDWARE, SOFTWARE, NETWORK, NETWORK SETUP OR SECURITY, OR YOUR INTERNET SERVICE PROVIDER OR ANY OTHER SIMILAR PROBLEM.
LIMITATIONS ON OUR LIABILITY:
a. Third-Party Liability Waiver
we DO NOT ENDORSE OR PROMOTE ANY SPECIFIC PRODUCTS OR SERVICES THAT MAY BE REFERENCED, discussed or otherwise promoted ON THIS WEBSITE. you assume the sole risk of purchasing AN USING any goods or services from ANY THIRD-partY AND You agree that we shall have no liability to you whatsoever of any kind or nature IN CONNECTION WITH your purchase and use OF any THIRD-PARTY products and/or services. You agree to waive any right to assert any claim against us in connection with the foregoing, whether known or unknown and whether or not you have been advised of the same.
IN ADDITION, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH, WE SHALL HAVE NO liabILITY TO YOU for any kind of damages of whatever kind or nature INCLUDING ANY DIRECT DAMAGES for: (A) ANY INTERRUPTION OR TERMINATION OF YOUR USE OF THE SERVICES FOR ANY REASON WHATSOEVER; OR (B) the collection AND USE of any data that may personally identify you COLLECTED in connection with YOUR USE OF the services BY ANY User OR THIRD PARTY IN CONNECTION WITH VISITING ANY THIRD PARTY WEBSITE THROUGH ANY LINK MADE AVAILABLE TO YOU ON THIS WEBSITE including, without limitation, any personally identifiable DATA that IS sent, received, held, released or otherwise coLLECTED BY ANY User; OR (C) the negligent or willful ACTS OR OMISSIONS BY ANY THIRD-PaRTY INCLUDING OTHER Users in CONNECTION WITH THEIR USE OF THE SERVICES; OR (D) for any bodily injury or harm that may occur at any outdoor recreational ACTIVITY you may engage in through any information contained on this website or otherwise generally by your use of the services. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME.
b. INDIRECT/CONSEQUENTIAL DAMAGES WAIVER
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASUE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORESEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME.
c. WAIVER ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE $1542.
d. Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Compliance with Laws
You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of the United States and the various states. Access and use of this Website from any jurisdictions where the services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Restricted Access and Use
The Website and the Services may not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Site and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.
We have no control over, and shall have no liability to You whatsoever for, whether and in what manner any third-party User useS any of your PII (OR NON-PII DATA) COLLECTED BY ANY OF THEM THROUGH YOUR USE OF THE SERVICES, either by itself or in the aggregatE, IN ANY MANNER THAT identifIES you.
b. Authority. If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.
c. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
d. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE AND/OR THE SERVICES BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard exclusively in Fairfield County, State of Connecticut, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
e. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website and/or the Services may only be brought exclusively in a federal or state court situated in Fairfield County, Connecticut, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the state of Connecticut, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
f. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
g. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
h. Assignment. This Agreement shall inure to the benefit of and shall be binding upon the successors and/or assigns of Arachnid. You may not assign, delegate or otherwise transfer Your account or all or any part of Your rights or obligations under this Agreement without the prior written consent of Arachnid.
i. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
j. Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third-party services (including DNS propagation), failure of third-party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE OR OTHERWISE USE THE SERVICES AS A REGISTERED USER.
This Privacy and Communications Policy ("Policy") is effective as of March__, 2021.
This Policy sets forth how Smooth Water Media LLC a Connecticut limited liability company (“We” or “Us”), collects and uses the information our users provide to us, and certain other information that we automatically collect through such access and use of our forum (“Services”) on www.boatlinks.com (“Website”), or through any communications with us generally.
How To Contact Us
If you have any general questions or concerns about this Policy, you can also email us at email@example.com.
Modifications To This Policy
If we decide at any time to change this Policy, we will revise the effective revision date posted at the top of this Policy and we will also notify you by posting a notice of the change prominently on our home page and/or upon the next time you log-in to access this Website after the effective date of the change(s). Failure to opt-out after receiving notice and following the opt-out instructions contained in the notice shall be deemed to be your assent to any such changes.
How We Collect Personal Information
We collect the name (first and last or screen/user name you provide when you create your account) and email address of our users. We also collect the first and last name and email address of any individual providing such information through any contact form we offer (collectively “PII”).
When users provide any PII through any form contained on this Website in order to contact us, we collect and store this information. We may use your email as expressly set forth in this Policy.
Blog Comments & Posts
Any comments you post on our forum, by their nature, are immediately and publicly visible to all visitors to this website and they are not private. You should be aware that any information you provide on our forum may be read, collected, and used by others who access this information. We shall have no liability to you whatsoever for any action or policies of any third parties who may collect any Identity Information or any other information you provide on your own accord directly through your interaction with our blog. When you share information publicly, it may be indexable by search engines. Never post information you consider to be private in nature.
Personal Information from Children Under 13
Children under the age of 13 are expressly prohibited from submitting or posting any data on this Website. If it does come to our attention that any child under the age of 13 has submitted any personal information to this Website, we will delete all such information that we have collected immediately. If you are a parent or guardian and you discover that your child under the age of 13 has submitted any of his or her PII without your permission or consent, we will remove the information immediately upon your request. All requests should be made by email and sent to firstname.lastname@example.org. Please include your child’s name and a description of the type of information you think he or she may have submitted to this Website.
How We Automatically Collect Data
When you access our Website, we may collect and store through our host provider certain data sent automatically by your browser using standard web server logs and automatic data collection tools such as cookies and web beacons. This information may include your IP address, which may tell us your general location information such as your country and sometimes your city, state and/or zip code, the domain name from which you access our Website, your browser type and language, the pages you access, the date and time you access pages on our Website and your operating system version. We also may determine what technology is available through your browser in order to provide you with the most appropriate version of any of our web pages.
Cookies & Similar Tracking Technologies
This Website uses “first-party cookies” only. (Third-party cookies are cookies that are set by a third-party source other than our Website.) We also use both “persistent cookies” that remain on your device for the period of time specified in the cookie (these cookies are activated each time you visit our Website), and “session cookies,” which allows us to track your actions on this Website during a browser session.
- Necessary cookies help make our Website usable by enabling basic functions like page navigation and access to secure areas of the Website. Our website cannot function properly without these cookies.
- Statistic cookies helps us understand how visitors interact with websites by collecting and reporting information anonymously.
- Marketing cookies are used on this Website by third-parties to track visitors on this Website and across different websites. The intention is to display ads that are relevant and engaging for the individual user by such third parties.
A. First-Party Cookies/Tracking Technologies
- Website Session Management: To enable users to log-in and used for other authentication purposes or in order to store specific user preferences and settings.
- Google Analytics Services: We may use web analytics services, such as Google Analytics, in order to collect information. This information is collected in the aggregate and may include the number of page visits, duration, sources of traffic, visited pages, preferred sections, keywords used to find our Website, technical details of visitors’ devices, our visitors’ age, gender, interests, and location. Google Analytics only shows us a unique user ID and does not share your personal information, Google user name or IP address, which means you can’t really see and analyze how specific users behave on our Website. We pass a “first party cookie” onto your browser directly from our Website when we use Google Analytics. You may opt-out of Google Analytics by using Google’s Browser Add-on at https://tools.google.com/dlpage/gaoptout.
B. Third-Party Cookies/Tracking
Advertising Partners & Interest-Based Ads
Any companies that are members of the National Advertising Initiative (NAI) offer a single location to opt out of receiving targeted ads from members on http://www.networkadvertising.org/choices/. In addition, the Digital Advertising Alliance (DAA) member advertising associations have developed an industry self-regulatory program to give you control over ads that are customized based on their online behavior across different websites. Please visit http://www.aboutads.info/consumers to opt-out and learn more.
C. Other Specific Third-Party Cookies & Providers List
Currently, we do not use any other third-party cookies other than has identified above.
D. How To Manage Cookies
You can block our cookies or third-party cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you will not be able to use our Website in any meaningful manner as intended. Your Internet browser allows you to change your cookie settings in the ‘options’ or ‘preferences’ menu of your browser.
How We Use/share Your Data
Promotional & Informational Use of PII
We use the e-mail address provided by our registered users to send periodic promotional e-mails about any of our related products or our services or about any new or upcoming products or services.
You can opt-out of receiving any promotional emails at any time by either clicking “unsubscribe” in the body of the email communication and following the opt-out procedure contained in the email or by sending an email to email@example.com and requesting to opt-out of receiving such communications.
Administrative/Customer Service Support
We may share our files and some PII we collect through this Website directly with third party independent contractors that provide customer support and other administrative services on our behalf. We will only contract such third parties for the limited purpose of assisting us to operate this Website and/or provide support. This limited access would be incidental to the services being provided by such third party contractors and no permission or consent shall be granted by us to use or disclose this information in any manner whatsoever, other than as necessary to provide the applicable services to us. We will require that our independent contractors commit to uphold the privacy of any PII or other information regarding our Website visitors that we may share with them. We will require that each of our contractors agree not to use or disclose any PII, which may be disclosed to or shared with these parties during the course of their duties to us, except as absolutely necessary to perform their duties to us.
Social Media and Plugins
California Consumer Privacy Notice
– Effective Date: April 1st, 2021
– Last Reviewed on: April 1st, 2021
Further, California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes. California law also allows California residents to opt-out of having this information disclosed.
Under California Law SB 27, California residents have the right to receive, up to twice a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared.If You are a California resident and desire to make such a request, please contact firstname.lastname@example.org. Please include the words “California Privacy Disclosure Request” in the subject line.
To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa
Information We Collect From California Residents
Our Website has collected the following categories of personal information from visitors including California residents within the last twelve (12) months:
A. Identifiers. First and last name, Internet Protocol address, email address, or other similar identifiers.
B. Website Use activity. Your use of our Website and your interaction with any banner advertisement on our Website by third-party advertisers who place cookies on your browser and assign a unique identifier to You and track when you click on any ad and may track your history across the Internet through your browser on any websites You may visit part of their advertising network. Although we do not directly bundle this information with any other PII including your name, email or any type of unique identifier.
We obtain the categories of PII listed above from the following sources:
- Directly from you when you submit a request to contact us through our Website, or when you register as a user on our forum.
PII does not include:
- Publicly available information obtained from government records.
- Anonymous or aggregated consumer information.
- Information excluded from the CCPA’s scope including health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
How We Use Your PII
We may use, or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To provide you with information or services that you request from us.
- To notify you about changes to our Website or about our forum service.
How We Share Personal Information
We do not directly share your personal information with third parties.
Business Purpose Disclosure
In the preceding twelve (12) months, we have not disclosed personal information for any business purposes.
Sales of Personal Information
In the preceding twelve (12) months, we have not directly sold any personal information.
California Consumer Rights
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights as set forth below.
A. Information Disclosure and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
B. Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
C. Exercising Your California Consumer Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending a message to email@example.com Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
- Please note that we cannot respond to any request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Third-party Privacy Practices
Do We Share User PII?
We sometimes share any PII with any advertising agencies, direct marketers, lead generation companies or ad networks, by itself or bundled with any Website use information, to any third parties for any purpose.
We may disclose certain PII if i) requested via a subpoena, court order, or local, state, federal or international law enforcement request to release any such information; or ii) in order to investigate and help prevent security threats, fraud or other malicious activity; or iii) to protect our rights or protect our property, or any of the rights of our customers or other third parties.
When you visit this Website, submit posts on our forums or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All posts submitted by you on the forums of this Website shall not be treated as confidential and shall be deemed to be accessible to the general public. You should not transmit any information in your posts that you intend only the intended recipient(s) to read. Notice is hereby given that all messages or electronic data transmitted onto this Website can and may be read by us, regardless of whether we are the intended recipient of any such message(s).
How We Protect Data
We take the security of your data very seriously. All traffic between your browser and our servers is encrypted during transmission using Secure Sockets Layer (SSL) encryption. However, we make no guarantee, warranty or representation that any information provided through this Website will remain secure at all times from any illegal or unauthorized access of any data including any PII by third parties. We will report any unauthorized access to your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to unauthorized access.
Any PII and all other information that we collect on this Website will be stored and processed in our servers located in the United States. If you reside outside the United States, you consent to the collection, transfer, storage, and processing of any information from your country to the United States.
How to Update or View Your PII
Provider-users can change their basic account profile information including business information comprising any PII on our Website at any time subscription access rights to use the Services are active.
Upon any acquisition, merger, sale or other change of control of our business/organization, we reserve the right to transfer any PII you have submitted to this Website as part of the property owned by us to our successor resulting from such merger, acquisition, sale, etc. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, We reserve the right to transfer your PII to protect any of our rights or as required by law.
Reporting Copyright Infringement (DMCA Policy)
The Digital Millennium Copyright Act 17 U.S.C. Section 512 (“DMCA”) provides a legal procedure by which you can request that the operator of www.boatlinks.com (“Website”) take-down your copyrighted work(s) appearing on the Website without your permission. This procedure requires that You send a written DMCA Notice of Alleged Infringement (“Infringement Notice”), as specified under the DMCA and as set forth below, to our designated agent for notice of copyright infringement (“Designated Agent”).
If You are a copyright owner, or are authorized to act on behalf of a copyright owner, and You believe that copyrights are being infringed upon in connection with any content (“Content”) displayed on the Website, please contact our Designated Agent in writing with the information set forth in the Infringement Notice Content section below, as follows:
Philip A. Nicolosi
Phil Nicolosi Law, P.C.
6735 Vistagreen Way, Suite 210
Rockford, IL 61107
Please send your Infringement Notice by email to: firstname.lastname@example.org.
Please use the following subject line: “Notice of Infringement.”
This Policy follows the procedures provided in the DMCA, which prescribes a notice and takedown procedure, subject to the registered user’s right to submit a counter-notification claiming lawful use of any disabled Content. In the event any of the provisions in our policy conflict with any applicable requirements under the DMCA then the requirements under the DMCA shall supersede and control and the hereby incorporated into this policy by reference. If we are notified of any claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing the Content or disabling access to the Content that is the subject of the alleged infringing activity.
Infringement Notice Content: If You believe that any Content appearing on this Website constitutes copyright infringement, you must submit the following information to us in writing consistent with the DMCA: 1) an electronic or physical signature of any person authorized to act on behalf of the owner of the protected interest; 2) a brief description of the copyrighted work that You claim has or is being infringed upon; 3) a description of the location on the Website where any allegedly infringing Content may appear, including the URLs of web pages and/or hyperlinks; 4) Your address, telephone number, and email address; 5) a statement by You stating that You have a good faith belief that the infringing use is unauthorized; 6) a statement by You, under penalty of perjury, that the information contained in any notice to us pursuant to this Policy is accurate and that affirms that You are the copyright owner, or that You are authorized to act on behalf of the copyright owner(s).
Disputing Claims of Infringement: You may protest any alleged claim of infringement pursuant to any DMCA by submitting a counter-notification as described below. Anyone who has posted Content that allegedly infringes a copyright may send our Designated Agent a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Agent receives your counter notice, the Designated Agent may, in its/his/her sole discretion, reinstate the alleged infringing materials not less than 10 nor more than 14 calendar days after it receives the counter-notification, unless our Designated Agent receives notice from the claimant that they have filed a legal action to restrain the allegedly infringing activity. In some cases, where the infringement is done knowingly, we reserve the right, in our sole discretion, to terminate the user account of any user who has submitted/posted infringing Content. This decision will be based upon the facts and circumstances surrounding each instance of infringement. We will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by our Designated Agent.
- Identification of any Content that has been removed or to which access has been disabled on our Website and the location which the Content appeared before it was removed or access to it was disabled
- State, under penalty of perjury, that You have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Provide Your name, address, telephone number and, if available, email address;
- State that You consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which You may be found, and You will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.
False or Misleading Notices: We shall determine the sole manner in which we decide to treat any non-compliant notices in whatever manner appears to be reasonable given the facts and circumstances presented. Any claimant or user who submits a DMCA Notice, Counter-Notification or any other notice which contains any false or materially misleading information will automatically forfeit any rights under this Policy and such notice shall be considered null and void by us.
Notice to our Website Users: Pursuant to our Content Submission Policy, you are required to use only lawfully-acquired creative works as Content and your user account on this Website may be disabled and/or terminated upon receipt of any Infringement Notice that indicates that infringing material has been submitted or posted by You. However, You are afforded the opportunity to provide a response to any alleged claims of infringement, as set forth above. We will reinstate any allegedly infringing Content and/or reinstate access to your account on this Website within a reasonable amount of time in the event we determine that reinstatement of the Content is warranted pursuant to the terms of this Policy.
Repeat Infringers: If any of our Website users violate this Policy or our Content Submission Policy more than once, such users’ account/membership will be subject to immediate termination. If you believe that any user of this Website is a repeat infringer, please contact our Designated Agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Merits of Claims of Infringement: You acknowledge and understand that we and/or our Designated Agent are not responsible for determining the merits of any claims of infringement of the Content submitted on this Website. We do not make any determinations based upon our interpretation of any relevant copyright or trademark laws or otherwise. We only respond to any claims of infringement according to the DMCA and according to this Policy as a “service provider” within the meaning of the DMCA. Any determination to take down or reinstate any alleged infringing Content is strictly based upon the procedures set forth in this Policy only.
Trademark/Service Mark Policy
If You believe that any Content appearing on this Website constitutes trademark or service mark infringement, you must provide us with the same information in writing consistent with our DMCA Policy set forth above, except that all copyright information shall relate to the trademark or service mark instead.
You agree that, in the event we receive a written “Cease and Desist” letter or other demand (“Notice”) alleging that any Content You have posted to this Website infringes upon, dilutes, tarnishes or otherwise violates the trademark/service mark rights of any third parties, we may in our sole discretion, remove or disable access to such Content until we receives either:
- Written confirmation from the party sending such Notice that the Notice is withdrawn or has been resolved; or
- You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by us in our sole discretion and which we may reject for any reason without penalty or liability to You. In order for us to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
- The information set forth in our DMCA Policy above for a valid Counter-Notification, except that all copyright information shall relate to the trademark/service mark instead; and
- An express, irrevocable and binding obligation pursuant to which You shall indemnify, defend and hold us harmless from any damages, costs, or expenses that we may incur, in any manner whatsoever, arising out of or in connection with the disputed Content and/or our restoration thereof.
- We are not under any obligation to restore access to any Content even if You provide a rebuttal and that the determination of sufficiency of any` evidence provided in a rebuttal shall be at our sole discretion;
- You expressly waive and disclaim any claim or potential claim against us related to or arising out of our removal of or disabling of access to any Content in response to a Notice, including without limitation any claim for lost revenue, lost profits and/or expenses. and,
- The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of Intellectual property rights, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon us any of the obligations imposed under the DMCA whatsoever.