PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using the Boom Vang Media, LLC (“The Company”) websites, including, without limitation, any associated websites, forums or blogs (collectively, the “NASailor Site”), you agree to be bound by the following Terms and Conditions (the “Terms”). These Terms govern only the content, features, and activities related to the NASailor Site and do not cover any other linked or referenced website associated with the NASailor site, unless specifically stated. These terms and conditions constitute a legally binding agreement between you and The Company. By using the NASailor site, you understand, acknowledge and agree that you will abide by these Terms.
The Company reserves the right to modify these Terms from time to time without notice, for any reason in The Company’s sole discretion without notice. The Company will post or display notices of material changes on the NASailor site and/or may email you about these changes. These changes become effective immediately upon posting and if you use the NASailor site after the changes become effective, it will signify your agreement to be bound by the changes. Please review these Terms from time to time so that you will be apprised of any changes.
Intellectual Property Rights
The NASailor Site is proprietary to The Company and is protected by intellectual property laws and international intellectual property treaties. The entire contents of The NASailor site (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. The Company holds the copyright in the collective work. The collective work may include works that are the property of other third parties, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the NASailor site solely for your own non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the NASailor site. You may not use any The Company logo or any other proprietary graphic or trademark without The Company’s express written permission. As between the parties, title, ownership rights, and intellectual property rights in the Material (as defined below), and any copies or portions thereof, shall remain in The Company and/or its content providers. Third-party trademarks, service marks and logos contained in the NASailor site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.
Grant of Limited License
Your access to the NASailor site is licensed and not sold. Subject to your compliance with these Terms, The Company agrees to provide you with a personal, revocable, non-transferable and non-exclusive account enabling you to access and use the service and the NASailor site. All The Company content that is made available to view and/or download in connection with the NASailor site is owned by and is the copyrighted work of The Company and/or its suppliers and is licensed, not sold. You may not lend, lease, rent or sublicense the NASailor site.
Restrictions
You may not, directly or indirectly, (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of The Company and the copyright owner; or (b) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any User Submissions (as defined below), in whole or in part; or (c) remove any proprietary notices or labels on the Content or any User Submissions.
You are responsible for your communications and your use of the NASailor site. You may not, under any circumstances, do any of the following: (a) post or transmit any message which is libelous or defamatory; (b) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (c) use the NASailor site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the NASailor site; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the NASailor site; (h) falsely purport to be an employee or agent of The Company; (i) act, or fail to act, in your use of the NASailor site, in a manner that is contrary to applicable law or regulation; (j) distribute in any medium any part of the NASailor site, including, but not limited to, any User Submissions (as defined below), without The Company’s prior written consent; (j) circumvent, disable or otherwise interfere with security-related features of the NASailor site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the NASailor site or the Content therein; (k) use the NASailor site, any Content or any User Submissions for any commercial use, without the prior written authorization of The Company; or (l) engage in any other activity deemed by the The Company to be in conflict with the spirit or intent of these Terms.
It is not the intent of The Company to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in The Company Site, nonetheless, The Company reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
User Submissions – Blogs and Community Forums
Although some of the individuals posting to the NASailor site, including the columnists and moderators, work for The Company, any opinions expressed are the personal opinions of the original authors, not of The Company. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by The Company or any other party. The Company does not assume any responsibility or liability for any blogs, opinions or other commentary posted on the NASailor site or any website linked to the NASailor site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content.
The Company does not claim ownership of any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to public areas of the The Company website (such as bulletin boards (“BBSs”), forums and chat rooms), video content and textual content (collectively, the “User Submissions”).
By posting, uploading, submitting, or inputting any User Submissions to the NASailor site or through the Service, alone or as part of other works, you agree to grant to The Company a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such User Submissions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Submission. You also hereby grant each user of the NASailor site a non-exclusive license to access your User Submissions through the NASailor site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the NASailor site and under these Terms.
With respect to any User Submissions consisting of video files, the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete of such video files from the Service. You understand and agree, however, that The Company may retain server copies of User Submissions that have been removed or deleted. The above licenses granted by you with respect to any other types of User Submissions are perpetual and irrevocable. You hereby waive your moral rights in any such User Submissions, and you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions. You agree that you shall have no recourse against The Company for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that (a) no compensation will be paid with respect to the use of your User Submissions, as provided herein; (b) The Company is under no obligation to post or use any User Submission you may provide; and (c) The Company may remove any Submission at any time in its sole discretion.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by The Company. The Company cannot and does not screen content provided by you to the NASailor site or through its service. Notwithstanding the foregoing, The Company reserves the right to remove any content from the NASailor site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if The Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
The NASailor site is available to the public. No information you consider confidential should be posted to these websites. If you submit content, you agree that The Company may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. The Company may modify, display, delete, transmit or distribute content posted on the NASailor site in its sole discretion and without your permission. However, The Company shall not be responsible for controlling or editing any content, nor can The Company ensure prompt removal of inappropriate or unlawful content.
Links to Third Party Web Sites
The NASailor websites may contain links to third party websites. Access to any other Internet website linked to the NASailor site is at your own risk and The Company is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. These links may also lead unintentionally to sites containing information that some people may find inappropriate or offensive. These links are not under the control of The Company and as such, The Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. The Company provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation. The Company is not responsible for any form of transmission received from any link, nor is The Company responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with these links.
Disclaimer of Third Party Information
The Company does not and cannot review all communications and materials posted or uploaded to the NASailor website and is not responsible for the content of these communications and materials. However, The Company reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to The Company.
You understand that when using the NASailor website, you will be exposed to User Submissions and third party content from a variety of sources, and that The Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or third party content. You further understand and acknowledge that you may be exposed to User Submissions and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Company with respect thereto.
Statements made in websites, newsgroups, message boards, email, forums, conferences, chats and/or User Submissions reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the The Company website are not authorized The Company spokespersons, and their views do not necessarily reflect those of The Company, and The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein.
Operation
The Company reserves complete and sole discretion with respect to the operation of the NASailor site. The Company may, among other things: (a) make available to third parties information relating to the NASailor site and its users; and (b) withdraw, suspend or discontinue any functionality or feature of the NAsailor website. The Company may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, chats and User Submissions and authorize restrictions on access thereto.
You acknowledge and agree that from time to time the NASailor website and/or its services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which The Company may undertake from time to time; or (iii) causes beyond the control of The Company or which are not reasonably foreseeable by The Company.
General Disclaimer
THE COMPANY WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. THE COMPANY CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE COMPANY MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
Although The Company has attempted to provide accurate information on the NASailor site, The Company assumes no responsibility for the accuracy or completeness of the information.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
Waiver and Release
YOU AGREE THAT NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE NASAILOR WEBSITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE NASAILOR SITE, THE SERVICE, OR THE CONTENT.
Liability Limitation
NOTWITHSTANDING THE FOREGOING PARAGRAPH THE COMPANY WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE NASAILOR WEBSITES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF THE COMPANY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The NASailor Site is controlled and offered by The Company from its facilities in the United States of America. The Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Miscellaneous
The Company may terminate or suspend access to the NASailor site immediately, without prior notice or liability, if you breach any of these Terms or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with The Company’s prior written consent. These Terms shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms, along with The Company’s Privacy Policy, Copyright or Intellectual Property Infringement Notification Policy and any other legal notices published by The Company on the NASailor site, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind The Company in any respect whatsoever.
You agree that any legal action or proceeding between The Company and you for any purpose concerning these Terms, and any other related agreements with The Company, or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States. Any cause of action or claim you may have with respect to The Company must be commenced within one (1) year after the claim or cause of action arises. If any action in law or in equity is necessary to enforce the terms of these Terms, and/or The Company’s Privacy Policy or Copyright or Intellectual Property Infringement Notification Policy, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Notice
The Company may deliver notice to you under this Agreement by means of electronic mail, a general notice on Website, or by written communication delivered by first class U.S. mail to your address on record in your The Company Account. You may give notice to The Company at any time via electronic mail to the following address: legal@nasailor.com.
Other Policies
For information regarding The Company’s treatment of personally identifiable information, please review The Company’s current privacy policy at http://www.nasailor.com/privacy-policy/.
