PLEASE NOTE THAT THESE TERMS REQUIRE YOU TO SUBMIT CERTAIN DISPUTES TO ARBITRATION AND REQUIRE THAT DISPUTES BE RESOLVED ONLY IN A FORUM IN BOSTON, MASSACHUSETTS. Please review the Applicable Laws and Disputes section of these Terms for complete details.
MODIFICATION OF THESE TERMS.
PERSONAL USE OF SITE.
Unless otherwise specified, the Site is for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications owned by Boathouse or its licensors that is featured or displayed on the Site ("Content"), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to Boathouse and agree that in the event of any such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of Boathouse is strictly prohibited.
THIRD PARTY SERVICES.
You may enable various third-party services and content from such services to be displayed on the Site. To facilitate such display, we may ask you to register for or log into the services on the websites of their respective providers. If we provide the means for you to enable third party services within the Site, you are allowing us to pass your log-in information to these service providers for this purpose. We will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Site and are 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 site or service.
You are responsible for ensuring that all of your Communications do not violate any copyright, trade secret, or other of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other rights, or any other harm resulting from your uploading, posting, or submission of any Communication to the Site.
By posting, uploading or otherwise submitting any Communication to the Site, you expressly grant to Boathouse a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Communication and your name, voice, and/or likeness, in whole or in part, in any manner and in any media, format or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe, without any further notice or payment to or permission from you. Boathouse will have no obligation to use any Communications.
Boathouse may, but is not obligated to, monitor or review Communications posted, uploaded or submitted by Site users and/or any areas on the Site where users transmit or post Communications or communicate with each other, including but not limited to chat rooms, bulletin boards or other user forums. Boathouse is not in any manner responsible for the content of these Communications. You acknowledge that by providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, Boathouse is not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, Boathouse reserves the right to block or remove any Communications from any user, including without limitation any Communications that in its sole discretion Boathouse determines violate the Code of Conduct.
Any opinions, advice, statements, or other information contained in Communications expressed or made available on the Site are those of the respective author(s) or distributor(s) and not of Boathouse. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Communication.
CODE OF CONDUCT.
By accessing or using the Site or any forum or other feature provided through the Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
- Post, transmit, or cause to be displayed on the Site any Communication that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone's use or enjoyment of the Site, as determined by Boathouse.
- Post, transmit, or cause to be displayed on the Site defamatory statements.
- Post, transmit, or cause to be displayed on the Site any Communication that contains or advocates hate, bigotry, racism, pedophilia, bestiality or incest.
- Post, transmit, or cause to be displayed on the Site any Communication that infringes another person or entity's copyright, trademark, right of publicity or other proprietary right or violates any applicable law.
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site.
- Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements.
- Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person or entity.
- Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
- Solicit personally identifiable information from or exploit children.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum's designated topic or theme.
- Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website.
- Gain unauthorized access to any computer system or nonpublic portion of the website or interfere with or disrupt the website, servers or networks connected to the website.
- Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites' users.
- Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
THIRD PARTY LINKS.
The Site may contain links to other sites on the Internet that are owned and operated by third parties (the "External Sites"). Even if the third party is affiliated with Boathouse, Boathouse has no control over these External Sites, all of which have separate privacy and data collection practices, independent of Boathouse. Boathouse has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Boathouse sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
We make no warranties or representations about the accuracy or completeness of the Site's Content, any user Communications or the content of External Sites.
ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND SERVICES CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOATHOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BOATHOUSE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOATHOUSE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL BOATHOUSE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BOATHOUSE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Boathouse, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms, your use of the Site (including negligent or wrongful conduct) and/or the use of the Site by any other person using your user account.
APPLICABLE LAW AND DISPUTES.
These Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site shall be resolved exclusively in the state or federal courts located in Boston, Massachusetts. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees, and under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or any Site must be commenced within one (1) year after the claim or cause of action arises.
Boathouse's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Boathouse may assign its rights and duties hereunder to any party at any time.
Boathouse makes no representation that the contents of any Site are appropriate or available for use in locations outside of the Commonwealth of Massachusetts. Access to the Sites from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside of the Commonwealth of Massachusetts do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
COPYRIGHTS AND TRADEMARKS.
The Site is the copyrighted property of Boathouse. The Site may include Content owned by others that is licensed to Boathouse. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Boathouse, or its licensors.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Sites' designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Boathouse respects the intellectual property of others, and we ask our users and visitors to do the same. Boathouse will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Boathouse will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Boathouse the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Boathouse to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Boathouse Group Inc.
Attn: PostPost DMCA Legal Notice
260 Charles Street
Waltham, MA 02453
By Email: email@example.com
(Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BOATHOUSE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If these Terms do not address your question or if you would like to report a violation of our Code of Conduct, please contact us as follows:
Boathouse Group Inc.
Attn: PostPost DMCA Legal Notice
260 Charles Street
Waltham, MA 02453
Copyright 2010 Boathouse. All rights reserved.