The internet and social media websites are constantly changing the way communications occur and information sharing is now easier, and faster, than ever before. Sailing Anarchy embraces these modern means of communication, and we choose to participate in them as a means of truthfully and accurately communicating with the sailing community, the media and the public generally.
1. Acceptance of Terms.
By accessing, browsing and/or using this Website you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
If you do not agree with these terms, please do not use this Website. In using this Website, you represent and warrant that you are at least 16 years of age and have any and all permissions necessary to enter into and be bound by this Agreement.
Sailing Anarchy may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. We remind you to review the Agreement periodically to be aware of such modifications and your continued access or use of the services will be considered acceptance of the modified Agreement.
2. Trademarks and Copyright
Unless otherwise indicated, all marks displayed on the Website are subject to the ownership rights of Sailing Anarchy. The entire contents of this Website, including but not limited to: all text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Sailing Anarchy (or its content suppliers) and are protected by applicable domestic and international copyright and trademark laws. You may not copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website content without the prior express written consent of Sailing Anarchy.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright or trademark infringement of another parties’ rights, please contact us immediately at [[email protected]] to notify us.
3. Use Restrictions on the Website Content
The material provided on this Website is protected by law, including, but not limited to, applicable copyright laws. The copyright in all material provided on this Website is held by Sailing Anarchy or by its respective licensors and vendors (the “Third Party Providers”). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written permission of Sailing Anarchy or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Website for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. Links to Third-Party Websites and Co-Branded Websites
The Website may contain links to third-party websites, however, please be aware that Sailing Anarchy is not responsible for and cannot control these other sites. Sailing Anarchy makes no representations whatsoever about any other website which you may access through our Website. When you access a non-Sailing Anarchy website, even one that may contain Sailing Anarchy logo, please understand that it is independent from us, and that we may have no control over the content on that website. In addition, a link to a non-Sailing Anarchy website does not mean that Sailing Anarchy endorses or accepts any responsibility for the content, or the use, of such website.
5. License and Content Submission.
Your submissions of files including, but not limited to: e-mail, forum postings, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Sailing Anarchy a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Sailing Anarchy. You also grant Sailing Anarchy the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
Sailing Anarchy retains the right at all times to remove any inappropriate content from the Website, any social media sites or any online destination that is controlled by Sailing Anarchy.
6. Use of Service.
Harassment in any manner or form on the Website or our social media sites, including via e-mail, forum, and chat is strictly forbidden. Impersonation of others, including Sailing Anarchy or other licensed employee, host, or representative, as well as other members or visitors on the Website, is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is threatening, invasive of privacy or publicity rights, illegal, or otherwise objectionable which may constitute a criminal or civil offense, violate the rights of any party or which may otherwise give rise to liability, or violate any law. You may not upload commercial content on the Website or solicit others to join or become members of any other commercial online service.
Your access to Sailing Anarchy, including the Forums, is completely at the discretion of Sailing Anarchy, and may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement or other Sailing Anarchy policies, actions that may lead to liability for Sailing Anarchy, violation of applicable laws or regulations or other reasons determined by Sailing Anarchy.
Your use of the Service and any activities conducted online through the Service shall not violate any applicable Sailing Anarchy policies, laws, rules or regulations or the rights of Sailing Anarchy, or any third party. Sailing Anarchy cannot accept any responsibility for any injury or loss that results from inaccurate, unsuitable, offensive, illegal internet communications, or from any other use of the Website in violation of this Agreement or any law. Any incident deemed to be an unauthorized use of this Service is strictly prohibited and may be subject to penalties, civil or criminal liability.
7. Content Review and Take Down
Sailing Anarchy does not and cannot review all communications, materials posted, or uploaded to the Website or our social media sites, and is not responsible for the content of these communications or materials. You acknowledge that by providing you with the ability to distribute your content on the Website or social media sites, Sailing Anarchy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website, including the forums or any public areas.
Sailing Anarchy reserves the right to remove any content, materials or information that you post on our Website or social media sites if we believe it may infringe or violates someone else’s rights or otherwise violates any laws.
Sailing Anarchy also reserves the right to block or remove communications or materials at any time and without notice that it determines in its sole discretion to be:
(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark or; other intellectual property right of another
(d) indecent, obsence or abusive;
(f) offensive or otherwise unacceptable to Sailing Anarchy at its sole discretion.
Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sailing Anarchy with respect to your use of the Website, and agree to indemnify and hold Sailing Anarchy, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
THIS WEBSITE, OUR SOCIAL MEDIA SITES AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THIS WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, SAILING ANARCHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SAILING ANARCHY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAILING ANARCHY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE. THE WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAILING ANARCHY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, DOWNLOADING MATERIALS OR CONTENT FROM THE WEBSITE OR SOCIAL MEDIA SITES. IN NO EVENT SHALL SAILING ANARCHY BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF SAILING ANARCHY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST SAILING ANARCHY INCLUDING FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE. YOU AGREE TO HOLD SAILING ANARCHY ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE SAILING ANARCHY OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE SAILING ANARCHY WEBSITE OR SOCIAL MEDIA SITES.
You agree to indemnify, defend, and hold harmless Sailing Anarchy, its officers, directors, employees, agents, licensors, suppliers, and Licensors (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any breach of this Agreement, any Sailing Anarchy policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account or any action by you with respect to your use of the Website or social media sites that violates any law, regulation or any of our policies.
11. Term; Termination.
This Agreement shall commence upon your accessing the Website. This Agreement may be terminated by Sailing Anarchy without notice at any time for any reason and may be terminated by you upon notice to Sailing Anarchy at any time for any reason. The provisions on Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of this Websites, or the services or products provided through this Websites, any such dispute shall be decided by binding arbitration under the rules of the American Arbitration Association in Los Angeles, California. The decision of the arbitrator(s) shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. Sailing Anarchy’s failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. Sailing Anarchy may assign its rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Sailing Anarchy contrary to those set forth above. Sailing Anarchy may deliver notice to each user by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to such User’s address on record in Sailing Anarchy’s records.
The entire contents of this website, including but not limited to: all text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Sailing Anarchy or its content suppliers and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Sailing Anarchy.
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties’ rights, please contact us immediately at [email protected] to notify us of this infringement.
Your submissions of files including, but not limited to: e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Sailing Anarchy a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and Sailing Anarchy