Terms of Use of This Website
Introduction
Please read these Terms and Conditions of Use of Think Yachts's (TY) web site
(Site) carefully. By accessing or using this site you expressly agree to accept
the following terms and conditions of use. You should revisit this page from
time to time as your use of the site is subject to the most current version of
the terms and conditions of use posted on the site at the time of such use. If
you do not agree, you may not access or use the site.
Your Right To Use This Site
Provided that you comply with the Terms and Conditions of Use, you have the right
to use this Site to:
- view various materials, including information, documents, and other content on
the Site (collectively, the "Materials")
- access services that TY may provide from time to time, such as discussion
forums, educational tools and an online store (collectively, the "Services"),
and
- obtain products, such as software, educational books and videos, and promotional
accessories that may be offered from time to time (collectively, the
"Product(s)").
TY reserves the right to restrict, suspend or terminate your access to all or
part of the Site at any time.
Ownership of Material on This Website
The Materials on the Site are owned by TY and its licensors and suppliers. They
are copyrighted and protected by international intellectual property laws,
treaties and conventions. You may not copy, adapt, reverse engineer, modify,
display, perform, transmit, frame, distribute, resell, commercially exploit or
otherwise use the Materials in any manner whatsoever, except as expressly
permitted herein, without the prior written permission of the relevant rights
holder(s).
The trademarks and/or service marks of TY and others used on the Site are the
property of TY or their respective owners. You may not use any trademark
displayed on the Site without the written permission of TY or the respective
owner.
Your use of the Site is conditional upon your abiding by all notices of
copyright, trademark and other proprietary rights appearing in the Materials.
You are forbidden from removing or altering any such notices in full or in part
from Materials that you print or download.
Software Products
In the event that you download software products (Software) from the Site,
whether purchased or free-of-charge, TY grants you a personal, non-transferable
and non-assignable license pursuant to the terms of the accompanying Software
License Agreement. Title to the Software is not being transferred to you and you
may not copy, modify, sell, distribute, decompile, disassemble or
reverse-engineer the Software. Your rights to any Software physically shipped to
you are as described on or in the physical shipment. The shipment and
downloading of Software are subject to the Export Restrictions described herein.
Communications / Submissions From You to The Site
All communications to the site and any information, files, comments or
submissions of any kind that you provide to TY through the Site or post to the
Site for viewing, access or download by others (Submissions) will be considered
non-proprietary and non-confidential. Subject only to the Privacy Policy, TY
shall have no obligations of any kind to you respecting your Submissions and
will be free to use them on an unrestricted basis for any purpose(s). You are
prohibited from sending TY or any other user of the Site any unlawful,
threatening, libellous, defamatory, obscene, pornographic, or any other
Submissions that would violate any law or the rights of others under applicable
law. You are solely responsible for the legality of your own Submissions and, by
submitting or posting such Submissions, expressly warrant that you have all
necessary intellectual property rights necessary to do so. TY shall have the
right, but not the obligation, to review your Submissions to ensure that they
comply with the Terms and Conditions of Use and any applicable laws or
regulations. TY reserves the right to edit or delete Submissions at its sole
discretion, without notice and without liability. TY will comply with any court
order directing it to disclose the identity of anyone sending or posting
Submissions of any kind to the Site.
Third Parties
From time to time this Site may contain references and links to content,
products, services or other offerings of third parties (Third Parties). Such
references and links do not constitute or imply an endorsement or recommendation
by TY of any such Third Party and in no way should be interpreted as an
acceptance of responsibility or liability for Third Parties. You expressly
acknowledge and agree that TY shall have no liability of any kind for any
content, products, services or other offerings made available by Third Parties.
Applicable Laws
By accessing the Site you agree that the laws of England and Wales applicable
therein, without regard to conflicts of law provisions, will apply to all
matters arising out of or in connection with your access and use of the Site.
If any provision of the Terms and Conditions of Use is found to be unlawful,
void or unenforceable, then such provision is deemed severable and will not
affect the validity or enforceability of any of the remaining provisions. The
parties agree that this agreement and all related documents be written in
English language.
Disclaimer & Liability
Except as otherwise noted herein or in an accompanying software license
agreement, the materials, services and product provided on this site are
provided "as is" by TY, without any warranties or representations of any kind,
including warranties and conditions of merchantability, fitness for a particular
purpose, title or non-infringement of intellectual property.
Applicable laws may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. To the extent permissible, any implied
warranties or representations are limited to the fullest extent permitted by
law. You agree that TY shall have no responsibility for viruses that may damage
your computer system or data resulting from your access to or use of the Site.
Although reasonable efforts are used to ensure that the Site will be current and
will contain no errors or inaccuracies, TY does not warrant or represent the
accuracy and completeness of the Materials on the Site. TY may make changes to
the Materials on the Site at any time without notice and without liability. The
Materials on the Site may be out of date, and TY makes no commitment to update
the Materials.
You hereby expressly irrevocably release, discharge, acquit and forgive TY, its
parent companies, affiliates, suppliers, licensors, sponsors, credit card
processing or authorization companies, agents, representatives, employees,
directors and officers from any and all claims, actions, suits, demands,
liabilities, judgments and proceedings both at law and in equity arising from or
related to your use, inability to use, or the results of use of this site (or
any information provided hereupon), the materials, the services, the products or
any third party sites, or the materials, services, information, or products
contained or provided through any or all such third party sites, whether based
on warranty, contract, tort or any other legal theory and whether or not TY is
advised of the possibility of such damages and whether or not such damages were
foreseeable.
You agree to defend, indemnify and hold harmless TY from all liabilities,
claims, costs and expenses, including legal fees, that arise out of or in
connection with your use of the site, your viewing or downloading of materials
from the site, your use of services or acquisition of products on the site, or
your communications to the site.
THIS DOCUMENT APPLIES TO ALL USERS OF THINKYACHTS.COM (THIS WEBSITE)