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Terms and Conditions
Membership Agreement |
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You must read and agree to these terms and conditions before you can become a member of
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The MyYachtCharters.com website is managed and operated by MyVI, LLC, a private company formed and operating under the laws of the State of Nevada, established in Nevada.
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We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email and a change notice will be posted on our site. Modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate your agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
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We offer website space for owners, brokers and agents of exotic yachts and yacht charters (" the service").
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We may also offer from time to time, back-office management capabilities including calendars, booking management, merchant processing capabilities, advertising co-op with other members and monthly reporting ("additional services").
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Members must be 18 years old or over (21 in AL, MS, NE, WY, and any other location where 18 is not the age of maturity). By becoming a member of MyYachtCharters.com service (the "Service"), you become a Members and agree to be bound by this Agreement (the "Agreement").
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You become a Member by filling in a registration form and the subsequent acceptance by MyYachtCharters.com. Members are bound by this agreement.
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Upon termination of membership by MyYachtCharters.com in the event of a member default or violation, or non-payment of membership fees, all of your account information and material shall be destroyed immediately.
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Membership may not be assigned or transferred to any other person or entity. Members are not allowed to make the information, obtained from or via MyYachtCharters.com, available to nonmembers, unless otherwise clearly stated. Members must keep their access codes strictly confidential.
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The Member indemnifies MyYachtCharters.com from any third-party liability as a consequence of the unauthorized or illegal use of the information made available by the Member to MyYachtCharters.com.
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If information is made available by the Members to MyYachtCharters.com, whether or not for the use of other Members, the Members indemnifies MyYachtCharters.com from any third-party liability concerning this information.
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This agreement is subject to change by MyYachtCharters.com at any time. Changes are effective upon due notice to the Members.
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This agreement is governed by and shall be construed under the laws of The United States, State of Texas.
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Member has read and understands this Membership Agreement and the Privacy Policy.
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Any images, contact information or other materials or information submitted by Members to MyYachtCharters.com becomes the property of MyYachtCharters.com and under no circumstances shall that information be returned to Members. You are allowed five images of your yacht or yacht business which shall not exceed 400 pixel width by 400 pixel height. MyYachtCharters.com reserves the right to remove any images posted that do not properly exhibit an actual yacht or yacht business within the terms and conditions set forth herein.
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Exit surveys are sent to each customer to complete after the completion of their reservations. This survey allows each customer to rate our members and their services. These ratings may or may not be posted at the full discretion of MyYachtCharters.com management.
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WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE MyYachtCharters.com TRADEMARK AND LOGO AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (BUT ONLY IN THE FORM (S) THAT THEY APPEAR ON OUR SITE) (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF PROMOTING MyYachtCharters.com PRODUCTS ON YOUR SITE. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING.
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You shall not make any specific use of any Licensed Materials for purposes other than promoting MyYachtCharters.com Products on your site for Yacht Charters, without first submitting a sample of such to us and obtaining the prior written consent of your MyYachtCharters.com account executive, which consent shall not be unreasonably withheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.
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You grant to us a non-exclusive license to utilize your names, titles, and logos as the same may be amended from time to time (the "Trademarks"), to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
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You and MyYachtCharters.com are independent contractors. Each party shall comply with their respective responsibilities and obligations under this Agreement independently and by taking actions, which the party deems appropriate in its discretion in accordance with this Agreement. Nothing in this Agreement will create an agency, franchise, joint venture, sales representative or employment relationship. You have no authority, on behalf of MyYachtCharters.com, to make or accept offers, make statements or representations, bind MyYachtCharters.com or otherwise take action on behalf of MyYachtCharters.com. You will not make any statement on your web site or otherwise that would contradict the foregoing.
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We make no express or implied warranties or representations with respect to th this Program or any MyYachtCharters.com Products or services sold through its website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
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You hereby represent and warrant to us as follows:
a. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject; (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
c. You are the sole and exclusive owner of the Trademarks and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
d. No consent, approval, or authorization of , or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
e. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
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WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT AND/OR THE MEMBER EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MyYachtCharters.com explicitly disclaims all warranties to the availability, accuracy, quality, performance, correct transmission, completeness, or content of information. MyYachtCharters.com also explicitly disclaims all liability for any damages resulting from the failure, incompleteness, incorrect transmission of, or errors in the data sent to the Members. Any other liability of MyYachtCharters.com to its Members remains strictly limited to the amount paid by or on behalf of the Members for the preceding 12 months, but shall in no case exceed the maximum of 300 US$.
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You hereby agree to indemnify and hold harmless MyYachtCharters.com and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THE MEMBERSHIP AGREEMENT AND OUR PRIVACY POLICY AND AGREE TO ALL TERMS AND CONDITIONS CONTAINED THEREIN. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATION AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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The parties acknowledge that this is a fair agreement and that it is not the result of any fraud, duress, or undue influence exercised by any one party against another or by any third party against one of the parties. This Agreement is the result of good faith negotiation and equal bargaining between the parties hereto. It is hereby agreed that this Agreement shall not be considered the exclusive product of one or another of the parties and no provision of this Agreement shall be construed for or against any party.
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