LUVMYBOAT - TERMS OF SERVICE
This agreement (Agreement) between you and LUVMYBOAT(NZ) Limited (LUVMYBOAT) governs your use of the LUVMYBOAT.COM website (the LUVMYBOAT Website), together with the LUVMYBOAT Internet messaging service and any other features, content, or applications offered by LUVMYBOAT in connection with the LUVMYBOAT Website (collectively, the LUVMYBOAT Service).
By using the LUVMYBOAT Service, you are deemed to have accepted the terms of this Agreement without modification, whether you are a "Visitor" (which means that you simply browse the LUVMYBOAT Website) or a "Member" (which means that you have registered with LUVMYBOAT). If you do not accept these terms, you must cease to use the LUVMYBOAT Service immediately.
You may receive a hard copy of this Agreement by emailing us at: firstname.lastname@example.org
In order to participate in certain aspects of the LUVMYBOAT Service, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the LUVMYBOAT Service in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
TERMS OF SERVICE
By using the LUVMYBOAT Service, you warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (b) you are 18 years of age or older.
This Agreement will commence when you first access the LUVMYBOAT Website and remain in force while you use the LUVMYBOAT Service or are a Member. You may terminate your membership at any time by sending an e-mail to email@example.com.
LUVMYBOAT reserves the right to charge for the LUVMYBOAT Service and to change its fees from time to time. Such fees may be displayed from time to time [on the LUVMYBOAT Website]. If LUVMYBOAT terminates your membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of any fees.
LUVMYBOAT may temporarily suspend or restrict the LUVMYBOAT Service to perform maintenance. LUVMYBOAT does not warrant that the LUVMYBOAT Service will be continuously available or that the operation of the LUVMYBOAT Service will be virus or error free or that any communication made using the LUVMYBOAT Service will be secure.
If you become a Member, you will be asked to choose a password. You are responsible for (a) maintaining the confidentiality of your password; and (b) any use of the LUVMYBOAT Service made using your user name and password. You must not use the account, user-name, or password of another Member at any time or disclose your password to any other person. You must notify LUVMYBOAT immediately if you suspect any unauthorized use of your account or password.
6. Prohibition on Commercial Use by Members
The LUVMYBOAT Service is for the personal use of Members only and may not be used in connection with any commercial endeavors except those specifically approved by LUVMYBOAT. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
7. Proprietary Rights in Content
LUVMYBOAT does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the LUVMYBOAT Service (Content).
By displaying or publishing (posting) any Content through the LUVMYBOAT Service, you grant LUVMYBOAT a royalty-free licence for the term of this Agreement to use, modify, display, reproduce, and distribute such Content solely through the LUVMYBOAT Service.
You warrant that: (a) you own the Content posted by you using the LUVMYBOAT Service or otherwise have the right to grant the licence set forth in this section, and (b) posting your Content using the LUVMYBOAT Service does not violate the rights of any third party. You will indemnify LUVMYBOAT against any claim that the Content infringes a third party’s rights.
8. Intellectual Property
All intellectual property rights in the LUVMYBOAT Service, including the design of the site and all content (except for the Content) is the property of LUVMYBOAT or its licensors. No part of the LUVMYBOAT Website may be: (a) distributed or copied for any purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or (b) resold, published, modified, enhanced, copied, reproduced, transmitted or stored (including in any other website or other electronic form), without the express permission of LUVMYBOAT. Except for the Content, any intellectual property rights that arise directly or indirectly from your use of the LUVMYBOAT Service belong to LUVMYBOAT and you hereby assign such intellectual property rights to LUVMYBOAT. “LUVMYBOAT” is a registered trade mark of LUVMYBOAT and must not be used without LUVMYBOAT’s express authorisation.
9. Posted Content
LUVMYBOAT may delete any Content that in the sole judgment of LUVMYBOAT violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. LUVMYBOAT assumes no responsibility for monitoring the LUVMYBOAT Service for inappropriate Content or conduct.
The information provided through the LUVMYBOAT Service is provided "as is" with no warranties offered for accuracy or reproducibility. All information provided herein is given as a guide only. It is not warranted that information described here or elsewhere, will lead to a successful or safe conclusion to any business or private venture carried out.
The LUVMYBOAT Website includes links to third party materials (linked materials). LUVMYBOAT will not be responsible for the contents of any linked materials or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on, booking or purchasing the services of third parties. Linked materials are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with the people who run or manage those sites.
Any dealings with any advertiser appearing on the LUVMYBOAT Website are solely between you and the advertiser or other third party. LUVMYBOAT is not responsible or liable for any part of any such dealings or promotions.
11. Limitation on Liability
IN NO EVENT WILL LUVMYBOAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM YOUR USE OF THE LUVMYBOAT SERVICE, EVEN IF LUVMYBOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LUVMYBOAT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LUVMYBOAT FOR THE LUVMYBOAT SERVICE DURING THE TERM OF MEMBERSHIP.
12. Governing Law
This Agreement, and any disputes arising in connection with this Agreement, will be governed by the laws of New Zealand, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the New Zealand courts.
LUVMYBOAT may modify this Agreement at any time. Where changes are made, LUVMYBOAT will update the notification of when the terms and conditions were last updated, so you know whether you need to reread them. By continuing to use the LUVMYBOAT Service, you agree to be bound by the amended terms and conditions.
If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you become aware of misuse of the LUVMYBOAT Service by any person, please contact firstname.lastname@example.org and report these violations immediately.
LUVMYBOAT reserves the right to restrict, suspend, or terminate your access to a the LUVMYBOAT Service at any time, with or without notice, and without liability.
Please contact us at: email@example.com with any questions regarding this Agreement.
RULES OF USE
1. Prohibited Material: You must not post any of the following material on the LUVMYBOAT Website:
- personal telephone numbers, personal street addresses, URLs, email addresses, business telephone numbers, or business addresses except for in the “Directory” “Marketplace” or “Specific Advertising sections of the LUVMYBOAT Website;
- photographs, videos, links to third party websites or any other images containing nudity, or obscene, lewd, violent, harassing, sexually explicit, or otherwise objectionable subject matter;
- patently offensive material or material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
2. Prohibited Activities: You must not use the LUVMYBOAT Service to perform any of the following prohibited activities:
- criminal or illegal activity;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the LUVMYBOAT Service that are not listed in the “Directory”, “Marketplace” or “Specific Advertising sections of the LUVMYBOAT Website;
- transmitting any chain letters or junk email to other Members, or use any information obtained from the LUVMYBOAT Service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
- collecting user-names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the LUVMYBOAT Website
- covering or obscuring the banner advertisements on your personal profile page, or any LUVMYBOAT page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the LUVMYBOAT Service or the networks or services connected to the LUVMYBOAT Service;
- attempting to impersonate another Member or person;
- for bands, filmmakers, models, writers, copying the code for your LUVMYBOAT Player and embedding it into other profiles or asking other Members to embed it into their profiles;
- using the account, user-name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the LUVMYBOAT Service in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or performing any commercial activity on or through the LUVMYBOAT Service; or
- using the LUVMYBOAT Service in a manner inconsistent with any and all applicable laws and regulations.
3. Email restrictions: LUVMYBOAT reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period. If you send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the LUVMYBOAT Service, then notwithstanding LUVMYBOAT’s other rights and remedies, it may terminate your membership immediately. In addition, you will indemnify LUVMYBOAT against all loss that LUVMYBOAT may suffer as a result of your breach of this clause.
4. No profane language: This includes in pictures. Offending members will be banned immediately.
5. Harassing Staff: Harassment or rudeness of any kind toward the staff will not be tolerated. Any harassment of staff will result in the member being banned immediately.
6. One Account: You may have only one account on the LUVMYBOAT Website. Any member found to have more than one account will be asked to decide which account they want to keep, and all others will be deleted.
7. Forum Rules: Forum rules are: No posting of links, advertising, profane language, email addresses, phone numbers, fighting, harassment, pasting of ANY type of codes for music, video or any other codes. The only exception is links to news stories and articles that are relevant to the site's content and purposes. Keep it ON the forum topics. Keep them clean!
8. Personally identifiable information: Do not post your real name, address, social security, drivers license number, date of birth, email address or instant messaging program screen names on the site. This is very dangerous for you and for our members. Any postings containing any personally identifiable information will be removed and the member is subject to being banned from the site.
9. Bulletin Board: Bulletin board announcements are not for the posting of blogs, thoughts, opinions etc. You may not post, advertising, recruiting, religious stories, emails, jokes, any commercial content such as experts from books that you or some one else has written, or albums, links or code that plays music or video, or that leads to another site that is in direct competition or references other sites that are in direct competition with LUVMYBOAT.
10. Pictures: Pictures should be in good taste and keeping with the sites policies and terms of service. Any picture that a member posts that is determined offensive or in poor taste will have those pictures removed. Any required actions will be taken without warning to the offending member. This site is monitored 24/7 by staff. If you have any questions, please contact the Administrator or staff.
a) aggregated or anonymous information about you that does not identify you personally (Information); and
b) any personal information about you that you provide including (without limitation) your name, contact email address and contact telephone number (Personal Information),
1. Collection of information
1.1 We collect various information about users of the Website (Users), including:
a) Information derived from cookies as further described in clause 3 below;
b) other click-tracking Information in relation to your use of the Website, including the content you access;
c) other Information which tracks traffic to and from the Website;
d) Personal Information provided by you when you:
(i) sign up as a Member;
(ii) create your Member profile; and
(iii) make changes to your Member profile information; and
e) Personal Information provided by you through any other method, including (without limitation) all correspondence with us.
2. Use and disclosure of Information
2.1 Any Information that we gather from you may be used:
c) to do internal research on your demographics, interests and behavior to better understand and serve you and other Users;
d) to provide information about us to our related companies or third parties; and
e) for any other use that you may authorise.
2.2 Any Personal Information that you provide to us may be used:
a) to send the Website newsletter;
b) to respond to your enquiries and suggestions;
c) to contact you where we consider necessary in relation to your use of the Website;
d) to provide you with further information about the Website, or changes or updates to the Website, and other websites or services offered by us, our related companies or third parties, which we consider may be of interest to you;
e) for future marketing, promotional and publicity purposes, including direct marketing, market research, surveys and statistical purposes; and
f) for any other use that you may authorise.
2.3 Your email address and full name are displayed only when we send email notifications to a user related to their use of the service or when members invites their friends to join the site by email.
2.4 Users on the Website communicate with each other through the LUVMYBOAT.COM Messaging service without the need to disclose their email addresses. If you use our “Invite” feature to invite a friend to our service, we will ask you for your friend's email address. We automatically send the friend an email inviting them to join the Website as well as two reminder messages.
2.5 We may disclose:
a) any and all information that we collect from you where we believe disclosure is appropriate to comply with law, to protect the rights, property or safety of us, the Users or others, or to satisfy legal processes or governmental requests;
b) Information (which does not include Personal Information) to third parties, such as advertisers on the Website.
2.6 We will not sell, lease, or exchange your personal data to third parties without first obtaining your express consent unless we are compelled to do so by law enforcement or other legal agencies.
3.1 Like many other Web sites, LUVMYBOAT.COM uses a standard technology called "cookies." Cookies are small pieces of information stored on your hard drive in order to recognize your computer. They can help make the Internet experience quicker and more convenient. Cookies allow our users to login without entering their ID and password each time they use LUVMYBOAT.COM.
3.2 The cookie file is anonymous as it only gives information relation to your IP address, PC platform, browser and domain.
3.3 You may configure your browser not to accept cookies but you will not be able to use LUVMYBOAT.COM.
4. Advertising and third party links
4.1 Some advertisers on the Website may request information directly from Users or link to other websites. We have no control over those advertisers' privacy policies and encourage Users to review such policies prior to submitting any personal information to them.
4.2 The Website may contain non-advertising links to a variety of third party sites to enhance the Users’ experience. We have no control of either the content or privacy policies of such sites, and we encourage Users to review such policies. Please be aware that LUVMYBOAT.COM is not responsible for the privacy practices of other sites our users choose to visit.
7. Access and correction
7.1 Personal Information that you provide us with will be held by us at our official place of business in New Zealand as advised on the Website from time to time. In accordance with the Privacy Act 1993, you have the rights of access to and correction of Personal Information that we hold about you. Please contact us if you have any questions in relation to this.