|General Terms |
User Terms & Conditions for the SailAngle.com Website:
1. User Terms:
1.1. In accordance with the following user terms and conditions (“User Terms”), SailAngle.com, LLC (“SAC”) grants to you as an authorized user (“Authorized User” or “you”) of this SailAngle.com website (“Website”) certain rights as set forth below and in return you agree to abide by the User Terms and perform certain obligations.
1.2. Please read these User Terms carefully. They constitute a legal agreement between you and SAC. By your continued use of the Website, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the User Terms.
1.3. If you do not agree with and do not wish to be bound by the User Terms, please exit this Website and do not use the Website in the future.
1.4. Goods and services (‘Merchandise”) which may be purchased by you from companies or individuals, other than SAC, via third party sources and/or third party websites linked to this Website (collectively “Third Party Merchants”) are subject to separate terms and conditions between you and the applicable Third Party Merchants. You acknowledge that the applicable Third Party Merchants are solely responsible for the fulfillment of orders for any Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Third Party Merchant via the Third Party Merchant’s website or otherwise is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Third Party Merchant in question and you acknowledge that SAC shall have no responsibility, obligations or liability in relation to the Merchandise.
1.6. If you register for any prize competitions, promotions or other giveaways on the Website, separate Terms and Conditions may exist and shall also apply in addition to these User Terms. Any such separate Terms and Conditions shall be listed on the Website and you agree to be bound by these separate Terms and Conditions.
1.7. If you register to use Forums, Chat Rooms, or Classifieds located on the Website, you are noticed that separate rules shall also apply in addition to the User Terms. The Forum Rules, Chat Room Rules, and Classifieds Rules are located on the Website at the respective locations.
2. Account Terms:
2.1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2.2. Your account may only be used by one person; a single login shared by multiple people is not permitted.
2.3. You are solely responsible for all Content posted and activity that occurs under your account, even if the Content is posted by others who have access to your account.
2.4. You agree that you will not use the Website
2.4.1. To send, receive, upload, download, store, distribute or publish any material that is pornographic in nature; offensive; indecent; obscene; derogative or defamatory of race; or uses sexually explicit language; in which case SAC reserves the right to terminate your access to the Website without notice.
2.4.2. To send or distribute multiple unsolicited emails or messages (“Spam”) or to cause any other person annoyance, inconvenience or concern, in which case SAC reserves the right to terminate your access to the Website without notice.
2.4.3. For any purpose connected to any business, including but not limited to the sending of unsolicited advertisements or promotional materials, in which case SAC reserves the right to terminate your access to the Website without notice.
2.4.4. With any unauthorized software to navigate or search the Website other than the navigation tools and search engine available on this Website and commonly used third party browsers. SAC reserves the right to terminate your access to the Website without notice.
2.4.5. To carry out any activities in relation to “screen scraping” or “database scraping” for the purpose of obtaining lists of users, URL’s, keywords, or any other information, in which case SAC reserves the right to terminate your access to the Website without notice.
2.4.6. To transmit any material that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware to telecommunications equipment, including but not limited to the Website, in which case SAC reserves the right to terminate your access to the Website without notice.
2.4.7. To do anything that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, in which case SAC reserves the right to terminate your access to the Website without notice.
2.4.8. To interfere with or disrupt the Website, Website servers, or networks connected to the Website, in which case SAC reserves the right to terminate your access to the Website without notice.
2.4.9. To collect or store personal data about other Authorized Users of this Website without their consent. This means no collection, posting or storage of addresses, phone numbers or any other private information for any Authorized User without the express permission of that Authorized User, in which case SAC reserves the right to terminate your access to the Website without notice.
2.5. You agree to use the Website at your own risk. Communication of personal details is at your own risk. SAC accepts no liability and shall not be liable for any actions, losses, costs, damages or inconveniences caused to Authorized Users resulting from interaction with other Authorized Users or third parties from the Website.
2.6. You are solely responsible for maintaining the security of your account user name and password. SAC will not and cannot be liable for any loss or damage resulting from your failure to comply with this security obligation.
2.7. You may not use the Website for any illegal or unauthorized purpose. You must not in the use of the Website violate any laws in your jurisdiction (including Trademark, Copyright and Intellectual Property Rights).
2.8. SAC grants to you a personal, non-exclusive, non-transferable, royalty-free license to use all the material on the Website including but not limited to: software, content, documentation, text, pictures, sounds, graphics, articles, video, audio clips and advertising material (hereinafter “Website Material”) on the basis set forth in clause 2.9 below.
2.9. You are entitled to access, download and transmit for the purposes permitted in these User Terms and store the Website Material for your own personal, non-commercial use provided that you do not:
2.9.1. Remove any notices relating to the ownership of copyright or other Intellectual Property Rights as defined in Clause 3.1 below
2.9.2. Modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the SAC Website Material.
2.9.3. Rent, lease, sublease, loan, copy or give or transfer any rights in the SAC Website Material in any form, to any person or entity without the prior written consent of SAC.
2.10. You agree to indemnify and keep indemnified SAC against all claims, liabilities, damages, costs and expenses including legal fees arising out of your wilfull breach or misuse of the User Terms, or the Website, or your obligations under the User Terms.
3. Ownership of Intellectual Property Rights:
3.1. Notwithstanding the limited rights granted to you under Clause 2, SAC shall retain all ownership, title and interest in the intellectual property rights contained in the Website Material, including but not limited to copyright, trademark, database rights, patents, service marks, design rights (whether registered or otherwise), know-how, trade or business names, domain names, and goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world (hereinafter “Intellectual Property Rights”)
3.2. You agree that any material, including any Intellectual Property Rights contained in such material, including but not limited to material sent via Chat Rooms, Forums, Customer Feedback, bulletin boards, Classified Ads, Destination Reviews, or any other material submitted for publication on the Website, or connected to use of any of the Website features (‘User Generated Content”) may be retained as the property of SAC and SAC shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations.
4. Duration of User Terms and Termination:
4.1. These User Terms are binding on you immediately. You accept them by continued use of this Website and they remain in effect until the earlier of the following:
4.1.1. Your breach of any of the terms of the license granted to you in Clause 2;
4.1.2. SAC terminates these User Terms by notice to you on this Website;
4.1.3. You terminate these User Terms by notice to SAC in accordance with Clause 8
4.2. In the event that these User Terms are terminated for any of the reasons above, you agree to comply with the following obligations:
4.2.1. The limited license granted to you in accordance with Clause 2 shall be immediately terminated and you will have no further rights to use the SAC Website.
4.2.2. You must delete or destroy any of the SAC Website Material stored by you in electronic or hard copy form as soon as practicable.
4.2.3. You will have no further rights to access or use the Website or the Website Material.
4.3. SAC , in its sole discretion, has the right to suspend or terminate your account and refuse any and all future use of the Website, for any reason at any time. Such termination will result in the deactivation of your access to the Website.
5. SAC’s Responsibilities:
5.1. While SAC prohibits User Generated Content that is pornographic in nature; offensive; indecent; obscene; derogative or defamatory of race; or uses sexually explicit language, and SAC uses its best efforts to police User Generated Content, you understand and agree that you nonetheless may be exposed to such materials. Furthermore, the views expressed by User Generated Content are not representative of the views of SAC and SAC accepts no liability whatsoever in relation to User Generated Content.
5.2. SAC uses commercially reasonable means to prevent breaches of security of the Website and Authorized User’s personal and confidential information maintained in the SAC database. However, SAC makes no warranty, guarantee or representation of the security measures used and in particular the protection afforded to the Authorized User’s personal and confidential information maintained in the SAC database.
5.3. SAC makes no representation that the Website, or services offered such as Forums, Chat Rooms, etc. will be accessible, or usable by you error free, or will be accessible, or usable by your computer browser and SAC accepts no liability for any failure or interruption of the Website, or any inability to access or use the Website.
5.4. SAC reserves the right, without notice, to remove any SAC material or User Generated Material from the Website, or to suspend or alter the operation of the Website at its sole discretion for legal or technical reasons.
6. Consent to Use Your Personal Information:
6.1. You acknowledge that in the course of registering and using the Website, that certain personal and confidential information or data about you, including but not limited to your name, email address and password, will be captured electronically and stored in the SAC database. By accepting these User Terms, you expressly agree to transfer such personal information or data to SAC
7. Limitation of Liability:
7.1. SAC excludes all liability so far as is permitted by law in respect to:
7.1.1. Any third party advertisements or other websites that can be accessed via the Website; and
7.1.2. Any opinions and expressions made by third parties which can be accessed via the Website, or which are contained in User Generated Material; and
7.1.3. Any damage to the Authorized User, the Authorized User’s computer hardware, software, or other material, or equipment resulting from the Authorized User accessing and using the Website.
7.2. SAC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenue, loss of profits, goodwill, reputation, data or other intangible losses resulting from:
7.2.1. The use or loss of use of the Website;
7.2.2. The cost of procurement of substitute goods and services purchased or obtained from a third party accessed via the Website;
7.3. The Website may contain links to third party websites which are controlled and operated by parties other than SAC. The links will let you leave the SAC Website and SAC is not responsible for the content of any linked website. The inclusion of any link on the SAC Website does not imply endorsement of the linked website by SAC and if you decide to access linked third party websites, you do so at your own risk.
7.4. The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
7.5. To the extent that SAC is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Website, SAC’s entire liability shall be limited to $500 for any one incident or series of related incidents, and an aggregate of $1,000 for all incidents in any 12 month period.
8.1. You may contact SAC regarding these User Terms by sending an email to firstname.lastname@example.org and referencing Terms & Conditions in the subject line, or in writing at 11494 Sorrento Valley Road, Suite H, San Diego, CA 92121.
8.2. SAC may send you notice by general notices posted periodically to the Website, or if concerning a single Authorized User, by email to the email address on record for the Authorized User, or by mail to the address on record for the Authorized User. Such notice shall be considered legally delivered on the day of posting if by email, and as of the date of the postmark if by mail.
Classified Ad Rules and Terms and Conditions of Use
These Rules and Terms and Conditions of Use relate specifically to your use of the Classified Ad Section on the SailAngle.com Website. They are in addition to the User Terms and Conditions listed on the Website and your use of the Classified Ad Section implies that you have read the Classified Ad Rules and the User Terms and Conditions and have accepted same. If you do not agree to abide by these rules, please exit the Website and do not use the Website in the future.
1. Using the Classified Ad Section of the Website
1.1. To use the Classified Ad Section of the Website you must be 18 years of age or older and by using the Classified Ad Section you warrant that:
1.1.1. You are at least 18 years old; and
1.1.2. You are the authorized owner of any item posted for sale on the Website
2. Placing a Classified Ad
2.1. Subject to the rules and restrictions in Clause 1 above you can place advertisements for as many items as you like with the following restrictions:
2.1.1. Classified Ads are limited to only a single item for each advertisement. Multiple items in a single ad are strictly prohibited unless the items in aggregate constitute a whole item, such as a fishing rod and accompanying reel; an outboard engine and accompanying gasoline tank.
2.1.2. You have physical possession of the item(s) listed for sale, you are the authorized owner of the item(s) and you intend to sell the item(s)
2.2. To place an ad, click on the link “PLACE AN AD” at the top of the Classified Ad page and complete the classified ad form.
2.2.1. You have a limit of 100 words (600 characters) to describe the item for sale and you can upload and include up to Four photographs of the item.
2.2.2. Photographs will be displayed as clickable thumbnails within the ad and when expanded will be displayed at a resolution of 1024 x 768 without exception.
2.3. Currently placing an Ad is free of charge. However, SailAngle.com may in the future and at its own discretion implement a cost structure for posting classified ads. However, when and if a cost structure is implemented, thirty (30) days notice will be provided by blanket email to all Users with posted ad’s and you will have thirty (30) days to determine if you wish to continue with the posting of your ad. After the thirty (30) day notice period, if you continue to post your ad on the Classified Ad section of the website, you will be subject to the implemented cost structure and your continued posting represents approval and acceptance of this cost structure.
3. Independent Third-Party Transaction
3.1. SailAngle.com offers the Classified Ad Section only as a service to the Website Authorized Users. Any sale or purchase of an item is an independent transaction between the buyer and seller, and SAC does not accept any liability or performance in connection with the independent third-party transaction.
3.1.1. SAC cannot and does not guarantee the accuracy of item description, suitability for use, condition, fair market value, and you are advised that any transaction is pursued at your own risk. By use of the Classified Ad Section of the Website you agree to hold SAC harmless in connection with such third-party independent transactions.
3.1.2. Any arrangements for payment of goods and services and shipping and receipt of the item posted for sale are strictly by and between the buyer and seller and you agree to hold SAC harmless in connection with this third-part independent transaction.
4. Terms and Conditions of Use
4.1. Seller’s Responsibility
4.1.1. By posting an item for sale in the Classified Ad section of this website, you agree that you are the legal authorized owner of the item and that you intend to sell the item.
4.1.2. As the Seller, you agree and acknowledge that SAC make no representation or warranty as to the number of Users who may view, or be interested in the item you post for sale and further makes no representation that you will be able to sell the item through the website.
4.1.3. You agree and acknowledge that any personal information posted in connection with the classified ad, such as contact information consisting of telephone numbers and/or email addresses, will be viewable by the general public and you hereby indemnify and hold harmless SAC for any disclosure of such personal information.
4.1.4. You agree to accurately describe the true condition of the item listed for sale and disclose any defects in function and/or purpose for which the item is intended.
220.127.116.11. Specifically you must disclose whether the item is damaged in any way.
18.104.22.168. Specifically you must disclose the age of the item listed for sale.
22.214.171.124. If mechanical in nature such as an outboard engine, you must disclose whether the engine is in working condition, or needs repair. If repair is needed, the nature of the repair must be disclosed.
126.96.36.199. You agree that any photographs posted are of the actual item for sale and represent the true condition of the item and are not photographs of similar or sister items.
188.8.131.52. You agree that if the item consists or various parts or pieces that together make the whole item, that all parts and/or pieces are complete and part of the sale.
4.1.5. Upon completed sale of any item posted for sale, you agree to promptly remove the Classified Ad from the Classified Ad section of the website; and you agree to send, ship, or hold for pick-up the item listed for sale according to the mutually agreed to arrangement between the Buyer and the Seller.
4.1.6. In some cases, the Buyer may insist on a “Conditional” sale meaning the buyer wishes to verify the condition of the item before completing the proposed sale. As the Seller, you can accept or reject conditional sales. However, if you accept a conditional sale, you agree to hold the item for inspection by the Buyer for a reasonable period of time negotiated by and between the Buyer and the Seller, and not to sell the item to another party until the conditional acceptance time period has elapsed, or the Buyer has noticed you of his/her intention not to purchase the item for sale.
4.2. Buyer’s Responsibility
4.2.1. By contacting the Seller of an item posted on the Classified Ad section of the SailAngle.com Website, you agree that you are interested in and intend to purchase the item if the item’s condition and price meet with your satisfaction.
4.2.2. As the Buyer, you acknowledge and agree that items listed for sale on the Classified Ad section of the SailAngle.com Website are not inspected by, or warranted by SailAngle.com and that the transaction, if any, is by and between independent third-parties and you agree to indemnify and hold harmless SAC from any and all claims of misrepresentation concerning items posted for sale on the Website.
4.2.3. All sales are on an “As Is” basis and all sales are final. As the Buyer you acknowledge and agree that you will carefully inspect and/or otherwise determine to your own satisfaction that the item for sale meets your requirements, is properly sized for your purpose, and that you accept the condition of the item.
4.2.4. After the sale, as Buyer you agree to not bother, harass, or otherwise disturb the Seller once the item for sale has been accepted and purchased.
184.108.40.206. Specifically you agree not to call or email the Seller for any other purpose.
220.127.116.11. You agree that the Seller has a right to quiet enjoyment of his/her privacy and you agree not press or coerce any implied warranty on the item.
5. Limitation of Liability
5.1. SAC excludes all liability so far as is permitted by law in respect to:
5.1.1. Any third party transaction arising from the Buying and Selling of items posted on the Classified Ad section of the Website; and
5.1.2. Any photographs, opinions, condition statements and expressions made by third parties related to items posted for sale on the Classified Ad section of the Website; and
5.1.3. Any damage to the Buyer or Seller for any third-party transaction concluded as a result of items posted on the Classified Ad section of the Website.
5.2. SAC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenue, loss of profits, goodwill, reputation, data or other intangible losses resulting from:
5.2.1. The use or loss of use of the Classified Ad section of the Website;
5.2.2. The cost of procurement of substitute items or services via the Website;
5.3. The Website may contain links to third party websites which are controlled and operated by parties other than SAC. The links will let you leave the SAC Website and SAC is not responsible for the content of any linked website. The inclusion of any link on the SAC Website does not imply endorsement of the linked website by SAC and if you decide to access linked third party websites, you do so at your own risk.
5.4. The express terms of these Classified Rules and Terms and Conditions of Use are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
5.5. To the extent that SAC is deemed by a court of competent jurisdiction to have any liability to either the Buyer or Seller in contract, tort (including negligence) or otherwise in relation to the use of the Classified Ad section of this Website, SAC’s entire liability shall be limited to $500 for any one incident or series of related incidents, and an aggregate of $1,000 for all incidents in any 12 month period.
Forum Rules and Terms and Conditions of Use
These rules and Terms and Conditions of Use relate specifically to your use of the Forum’s on the SailAngle.com website. They are in addition to the User Terms and Conditions of Use listed on the website and your use of the Forum’s implies that you have read the Forum Rules and the User Terms and Conditions and have accepted same. If you do not agree to abide by these rules, please exit the website and do not use the website in the future.
1. The following is specifically prohibited and if violated can result in the immediate termination of your right to access the SailAngle.com website.
1.1. Dual Identities: You can use your SailAngle.com Forum identity from any computer and there is no need to register multiple identities to use the website.
1.2. Abuse of Forum Users: You may debate strongly, and by all means we encourage open communication, but you must not use derogatory, defaming, or abusive language.
1.3. No Spamming: Do not post the same message in multiple Forums and under no circumstance post messages with advertising content.
1.4. No Pornography: Do not post sexually explicit, racially abusive, offensive, or other undesirable content; this is a boating website.
1.5. Stay on Topic: The various Forums have specific broad topics covering all facets of boating; please select the appropriate Forum and post messages that are consistent with that topic.
1.6. Report Abuse: If you see something you don’t like, or something not consistent with these rules, please notify the Forum moderator at email@example.com; SailAngle.com personnel will review and determine the appropriate course of action.
2. Restrictions on electronic signatures and photographs.
2.1. The same standards in Clause 1 above also apply to electronic signatures and photographs posted in a Forum, so please refrain from pornographic, defaming, abusive or obscene terms, links or graphics.
2.2. If you post with an electronic signature, please limit your signature to ONE hyperlink. When using a hyperlink in your signature, we request a reciprocal hyperlink to www.sailangle.com as a courtesy; if you do not wish to provide a reciprocal hyperlink, then please leave the link off your electronic signature.
2.3. Electronic signatures that contain a commercial link are tacitly prohibited by the Forum Rules, but to the extent that such signatures are subtle and non-soliciting of commercial enterprise we will overlook these instances.
2.4. Post no direct links for good or services for sale. The website provides a Classified Ad feature for the private sale of goods and services. Note: this includes boats for sale.
3. Terms and Conditions.
3.1. A full list and explanation of certain abbreviations used in the Forum Rules and the Terms and Conditions for using the SailAngle.com website can be found in the Terms and Conditions posted on the website. Please read these Terms and Conditions as they are a legal agreement between you, the Authorized User, and SAC, and they govern your use of the website.
4. Use of SailAngle.com Forums in accordance with SAC guidelines.
4.2. Only one user identity can be used for an email address. Registering multiple identities by using multiple email addresses is strongly discouraged and SAC reserves the right to terminate access for user identities that violate this rule.
4.3. Your use of this Website, including the Forums, is governed by the rules set forth in the Terms and Conditions of Use posted on the Website and the following types of postings are strictly prohibited on the Forums and/or any part of this Website:
4.3.1. Postings that violate any applicable local, state, federal or foreign law or regulation. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right,
4.3.2. Postings that are pornographic, obscene, defamatory, racial in nature, offensive, constitutes a threat, religious slurs, or violate rights of privacy.
4.3.3. Unwanted or misleading content, multiple postings of the same content on multiple Forums, advertisements, URL’s and hyperlinks, chain letters, personals, make-money schemes, sexual requests, requests for personal information, phishing, fraudulent or harassing posts are prohibited.
4.3.4. Posting personal or private information about any individual or entity, including without limitation: user identification, passwords, email addresses, phone numbers and any financial information such as credit cards, debit cards, and banking information.
4.3.5. Posting goods for sale that are illegal under any applicable law, food, alcoholic beverages, tobacco products, pharmaceuticals, nutriceuticals, vitamins, health supplements, herbs, and counterfeit or stolen goods.
4.3.6. Any posting in relation to any item that in SAC’s sole discretion is offensive, inflammatory, or otherwise inconsistent with SAC’s business practices.