Terms of Use
Terms of Use
Last updated: September 2022
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://yachtsnl.com platform ("Platform") operated by Yachtsnl B.V. ("us", "we", or "our").
These Terms apply to all users who create an account on the Platform and use the Platform.
By creating an account, you agree to be bound by these Terms. If you disagree with any part of the Terms, you should not create an account and use the Platform. If you create an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the agreement on its behalf.
Ownership and rights
Yachts and its licensors own all right, title and interest in and to the Platform, including its content. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Platform, including all related intellectual property rights. No intellectual property rights are granted to you hereunder other than as expressly set forth herein.
Except as expressly provided in these Terms of Use, no part of the Platform may be reproduced, altered, modified, republished, copied, transmitted, or distributed by you for commercial use, for the creation of derivative works, or for public display in any form or by any means, except as otherwise permitted by these Terms of Use or by written confirmation by us.
By posting or displaying any information, documentation, content or material (“Your Content”) on the Platform or providing any of Your Content us, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to us to display, transmit, distribute, reproduce, publish, duplicate, translate and otherwise use any or all of Your Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license. You shall indemnify us and hold us harmless from and against any and all damages, claims, obligations, losses, liabilities, expenses and costs of any kind including legal representation arising from your violation of any rights of a third party, including but not limited to copyrights and intellectual property rights, by posting or displaying Your Content.
Unauthorized Use
Users of the Platform are prohibited from copying, accessing, or distributing any content, using any unauthorized applications, programs, protocols, devices, or tools to make automated copies of any content. You agree that you shall not use any datamining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Platform, its content, or any portion thereof unless by written confirmation by us. You agree you shall not use any device, software, protocol, tool, routine, or process to damage, disable, impair, interfere with, or any attempt to, the proper working of the Platform.
Links To Other Web Sites
The Platform may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy statements, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Account
You must create an account if you would access and use certain functionalities on the Platform. You are entirely responsible for maintaining the confidentiality of any information you hold for your account, including your password, and for all activities that occurs under your account as a result of your failure to keep this information secure and confidential.
You may not use anyone else's account at any time without the express permission of the holder of that account. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
When you create an account, you declare that you:
- are at least eighteen (18) years old and able to enter into contracts;
- complete the account registration process;
- agree to these Terms of Use;
- provide true, complete, and up-to-date information.
Privacy
In our privacy statement, you can read which personal data we collect and how we use your personal data. In the privacy statement you will also find more information about the cookies we use.
Term and termination
These Terms shall govern your use of the Platform and qualify as a legally binding agreement between you as the registered user of the Platform and us. This agreement continues for as long as you have an account or until you or we terminate the agreement in accordance with these Terms, whichever happens first. You or we may terminate the agreement at any time and for any reason. You may do so by terminating your account or we may do so by giving notice to you that we are terminating the agreement. We may terminate or suspend access to our Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of liability
To the extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for all losses arising from your use of the service; (ii) we and our team will not be liable for any indirect, punitive, special or consequential damages, including loss of data, loss of profits, loss of revenue, loss of business opportunities, goodwill or anticipated savings under any circumstances, even if based on negligence or if we were advised of the possibility of such damages and (iii) in any one calendar month, our aggregate liability and that of our third party suppliers, licensors, distributors or vendors to you arising out of or in connection with the agreement - whether in contract, tort (including negligence), breach of statutory duty or otherwise - shall not exceed the amount you paid us for using the Platform in the previous month or EUR 100 whichever is higher.
No warranties
The Platform (including any service and content) are provided strictly on an "as is" and "as available" basis, and we make no warranty that it is complete, suitable for your purpose, or accurate. We hereby expressly disclaim all implied, statutory or other warranties with respect to (availability of) the Platform, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement, also on behalf of our licensors. The entire risk as to results obtained through use of the Platform rests with you.
Indemnity
You agree to defend, indemnify, and hold us harmless, as well as our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Platform’s content and services other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Force majeure
Under no circumstances shall we be held liable for any delay or failure or disruption of the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation internet failures, computer failures, governmental actions or non-performance of third parties.
Governing Law
These Terms shall be governed and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions. All disputes arising out of or in connection with this disclaimer shall be brought before the competent court in the Netherlands.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We can change the information on or through the Platform at any time without further notice. It is recommended to periodically check if the information on or through this Platform has been modified.
Contact Us
If you have any questions about these Terms, please contact us.