Terms of Use

Welcome to sailspiration.com website (the «Website»)

The Website and service (the “Service”) is operated by sailspiration.com LLC  (“Company”). By using the Service you are agreeing to be bound by these Terms of Use. This Website is provided to assist customers in gathering sailing and sailing related information, posting opinions and information of sailing and sailing related issues, engaging in interactive sailing forums and connecting to sailors worldwide.

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then do not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Service: You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. This Website is provided  to assist customers in gathering sailing and sailing related information,  posting opinions of sailing related issues, engaging in interactive sailing forums, connecting to sailors worldwide. The content of the pages of this website is not at any circumstance navigational information nor can it be used for any navigational purposes.

Registration: You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Your License to Company. The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant Company a perpetual license to use your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. We will not make any use of your personal pictures and video you share on «MyLogBook». By your choice of making them “public” – they will however become visible for other members of the community. Please respect the copyrights.

Acceptable Use Policy: Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Company.

You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you are that you will not post or transmit to other users anything that contains Content that:

• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way;
• is illegal or promotes any illegal activities;
• You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• contains personal information of any party such as phone numbers, addresses, license plate numbers etc;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Safety: We do our best to keep sailspiration.com safe, but we cannot guarantee it. Please help to keep sailspiration.com safe by the following commitments:

• You will not send or otherwise post unauthorized commercial communications (such as spam) on sailspiration.com
• You will not collect users’ content or information, or otherwise access sailspiration.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on sailspiration.com.
• You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not do anything that could disable, overburden, or impair the proper working of sailspiraton.com, such as a denial of service attack.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.

Voting: From time to time certain aspects of the Service may involve voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting.

Termination of Access: In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy: The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.

Links: This Service may contain links to other websites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services.

Our Proprietary Rights: Company are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.

No Warranties:   The Service, including all content made available on or accessed through the service is provided «as is» and we make no representations or warranties of any kind whatsoever for the content on the service. We do not warrant that the functions contained in the service or any materials or content contained therein will be completely secure, uninterrupted or error free, that defects will be corrected or that the service or the server that makes it available is free of viruses or other harmful components. We shall not be liable for the use of the service, including, without limitation, of the content and any errors contained therein provided by third parties. In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, special, incidental or other consequential damages, lost profits, lost data, lost opportunities, cost of cover, exemplary, personal injury/wrongful death, each of which is hereby excluded by agreement of the parties regardless of whether or not we have been advised of the possibility of such damages.

Effective Date: These Terms of Use were last updated on January 31, 2012.

sailspiration.com LLC, Zürich