Terms of Use

Thank you for visiting MarineListings.com and/or one or more of our affiliated websites or native mobile applications (collectively, this “Website”). The terms and conditions that apply to your access to and/or your use of this Website (and the information, products, and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth below. By using this Website or submitting communications or User Content to us, you accept and agree to all of the terms and conditions set forth herein (the “Terms and Conditions”), which form a legally binding agreement between you and Marinelistings.com and/or our applicable business divisions and/or affiliates (collectively, “MarineListings,” “us,” “our,” or “we”). In addition, if you are advertising with us, you must also accept and agree to comply with all of the terms and conditions of our Advertising Agreement.

General: Changes to Terms and Conditions

You are responsible for protecting the confidentiality of your password(s), if any, assigned or otherwise utilized in connection with your use of this Website. PLEASE SEE OUR PRIVACY POLICY FOR TERMS APPLICABLE TO OUR DATA COLLECTION AND USE PRACTICES, AMONG OTHER THINGS.

We reserve the right to change these Terms and Conditions, and our separate Privacy Policy, from time to time as we deem appropriate by posting such changes on this Website or Privacy Policy, as applicable. Any changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and we encourage you to periodically check back and review these Terms and Conditions so that you always will know what terms and conditions apply to your access to and use of this Website, or our use of any User Content that you have posted on this Website or submitted to us. Your continued use of this Website and/or your submission of any User Content to us after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. This Website may change, and we may restrict access to, suspend, or discontinue this Website, or any portion of this Website, at any time.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of MarineListings or its businesses, or its or their customers, affiliates, licensors, or licensees.

Ownership; License; Limitations

This Website and all content displayed on this Website and all software, data, and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs, and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned by Marinelistings.com or our owners, affiliates, licensors, or licensees, and are protected under worldwide patent, copyright, trademark, and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and non-exclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through this Website.

Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (i) reproduction, re-transmission, or re-presentation in any form, in whole or in part, of any content, programming code, images, or graphics included within this Website is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content, or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing the names or trademarks of Marinelistings.com or our owners, affiliates, licensors, or licensees without our or their express written consent; and (iv) you may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in this Website or the services offered herein.

In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep-links, data-mining, data-gathering, or extraction tools and the like), or any other automated methodology, algorithm, or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. “General-purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classified listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services, or equipment or which is in the business of providing classified ad listing services.

This Website includes certain trademarks and service marks owned by Marinelistings.com and/or our owners, affiliates, or others. You agree not to copy, use, or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark, or other notices from any Website content.

All rights not expressly granted to you by us in these Terms and Conditions are reserved to Marinelistings, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.

Use at Your Own Risk

We provide the material available through this Website for informational purposes only. You may use the content, information, consumer reviews, data, and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any such content, information, consumer reviews, data, and materials you have found on, or purchase any products or services available through, this Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT, OR SERVICE. Without limiting the foregoing, with respect to any classified advertising services included on or otherwise available through this Website, please note that we do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer; further, we do not guarantee or insure any item advertised or the completion of any transaction or collect or process payment, act as an escrow service, or transfer title, nor do we warehouse, store, ship, or deliver any item that is advertised.

Your Account

To protect the account information of our Website members, where applicable, Marinelistings.com assigns to each member either a unique username or password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon becoming a member of this Website. Only members have the ability to modify their personal information and delete their ads as needed.

If you become a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security, of which you become aware. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this Website due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.

In order to become a member of this Website or to purchase products or services from our members, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.

Links

This Website may provide links or references to third-party sites that we do not operate and/or that will allow you to leave this Website or open an additional browser connecting you to the third-party site . Any such links to third-party sites are provided merely as a convenience to the users of this Website, and such links do not imply endorsement by Marinelistings.com of such other third-party sites or the content contained therein. Marinelistings.com disclaims all liability with regard to your access to such linked websites, and your use of and access to any other websites linked to this Website is at your own risk. Further, Marinelistings.com has no responsibility for the content of such third-party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on, or access to such third-party sites. For information about such other third-party websites, we encourage you to consult the specific terms of use and privacy policies of such other websites.

Data Security

We have in place what we believe to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to, maintain data security for, and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.

Data Collection and Use

ANY PERSONALLY IDENTIFIABLE INFORMATION PROVIDED BY YOU IN ELECTRONIC COMMUNICATIONS TO MARINELISTINGs.COM IS GOVERNED BY OUR PRIVACY POLICY. FOR A MORE COMPLETE DESCRIPTION OF OUR COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION AND OTHER DATA, PLEASE READ OUR PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED IN THESE TERMS AND CONDITIONS BY REFERENCE.

User Content

You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, concepts, inventions, techniques, know-how, data, materials, or other postings or communications (collectively, “User Content”), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email or other means of electronic communication facilitated by Marinelistings.com. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant Marinelistings.com and our owners, affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media, or technology now known or hereafter developed, on a worldwide basis; (ii) grant Marinelistings.com and our owners, affiliates, and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user’s personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that Marinelistings.com misappropriated any such User Content or any portions thereof.

Use of Communications Services

We may provide a variety of services on this Website through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums, and other public posting areas (“Communications Services”). (For purposes of these Terms and Conditions, all references to this Website generally include all Communication Services available through this Website.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before anyone on our staff does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.

We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website and any Communication Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms and Conditions or to protect the rights, property, or safety of visitors to this Website and/or users of any Communications Services, our customers, the public, or Marinelistings.com and our owners, affiliates, licensors, or licensees. We reserve the right (but assume no obligation) to review the content of this Website, including blogs, message boards, chat rooms, listings, forums, and other User Content posted to this Website or via any Communications Services to determine compliance with these Terms and Conditions and any other rules established by us, and to satisfy any law, regulation, or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings, or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using this Website and/or any Communications Services, you agree not to post, submit or transmit to Marinelistings.com through this Website or via any Communications Services any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent, or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Website or via any Communications Services or otherwise to Marinelistings.com shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting to this Website or via any Communications Services, or otherwise submitting User Content to Marinelistings.com, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload, or submit such User Content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content submitted by you to or through this Website or via any Communications Services. We reserve the right to deny access to this Website and/or any Communications Service to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy this Website or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Notification of Claims of Infringement

Marinelistings.com respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Marinelistings.com’s Copyright Agent and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number, and email address);
• A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, including notification of claims of infringement, please contact Marinelistings.com’s Copyright Agent at: