Terms of Service
TERMS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF SERVICE",
"TOS") GOVERN YOUR USE OF THIS SERVICE PROVIDED BY INTERNATIONAL
YACHT BROKERS ASSOCIATION (“IYBA”) WITHIN THE IYBA VESSEL PORTAL WEBSITE.
1. Description of Service and Acceptance of Terms
Welcome to the IYBA Vessel Portal (“Portal”). The Portal is an
International Yacht Brokers Association Vessel Listing Service. It provides
tools for licensed yacht brokers to manage listings, search for vessels, and
create reports. Access to the Vessel Content is provided through the Internet
via end-user web-based software designed specifically for yacht brokers
("Service").
PLEASE BE ADVISED THAT IYBA DOES NOT: (A) REPRESENT INDIVIDUALS
OR ENTITIES IN PURCHASING, SELLING OR LEASING, OR OTHERWISE AQCUIRING OR
DISPOSING OF VESSELS; (B) MAKE, SOLICIT, NEGOTIATE ON BEHALF OF OR ASSIST
INDIVIDUALS OR ENTITIES IN OBTAINING LOANS TO PURCHASE VESSELS; OR (C) PROVIDE
LEGAL REPRESENTATION OR ADVICE IN CONNECTION WITH VESSEL TRANSACTIONS.
INDIVIDUALS AND ENTITIES SEEKING THESE TYPES OF SERVICE SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL.
These "TOS" may be updated by IYBA from time to time
without notice to you. In addition, when using particular Portal services, you
are subject to any posted guidelines or rules applicable to such services that
may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. IYBA may offer other services from time
to time that may be governed by different Terms of Services.
Unless explicitly stated otherwise, any new features which
augment or enhance the current Service, including the release of new Portal
properties, will be subject to these TOS. You are responsible for obtaining
access to the Service. Access may involve third party fees (such as Internet
service provider or airtime charges). In addition, you must provide and are
responsible for all equipment necessary to access the Service.
2. Grant of License
IYBA hereby grants to you, and you hereby accept, a limited,
revocable, non-exclusive license to use the Site and the Vessel Content, for
the duration of your session, subject to these TOS that may be updated from
time to time. "Vessel Content" means all documents, materials and
images compiled by Portal members and made available on the Site, including but
not limited to listing data, text, graphics, files, photos, software, audio,
video, trademarks and copyrightable materials. "Site" or
"Website" means this Site and any other site owned, operated or
maintained by IYBA. "We," "us" and "our" means IYBA
and its affiliates. IYBA reserves all rights not expressly granted to you in
these TOS. Any software or tools contained herein are licensed, not sold.
3. IYBA’s Privacy Policy
We do not collect, rent, sell or share any personal consumer
information.
4. No Liability for Content
IYBA does not control the information posted via the Service.
Accordingly, IYBA assumes no responsibility for and does not warrant or
guarantee the completeness, accuracy, integrity, quality or reliability of any
Vessel Content included in the Service. Under no circumstances will IYBA be
liable in any way for any content, including, but not limited to, for any
errors or omissions in any information, or for any loss or damage of any kind
incurred as a result of the use of any information posted, emailed, transmitted
or otherwise made available via the Service. The Site may contain robot
exclusion headers. You acknowledge that you may not rely on Vessel Content created
or provided by IYBA.
5. Third Party Content, Product and Services
This Site may contain content that is owned or licensed by a
third party. IYBA is not responsible for, and does not warrant or guarantee the
completeness, accuracy or reliability of such third party content. The
existence of third party content on this Site is not and should not be
construed as our endorsement, approval or sponsorship of the third party or its
content unless expressly indicated. You may be subject to additional terms and
conditions that may apply when you use the products and/or services of a third
party. We are not responsible for any loss or damage of any sort sustained as
the result of any dealings between you and a third party or as the inclusion or
presence of such third party on the Site.
6. Links
This Site may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because IYBA has no control over such
sites and resources, you acknowledge and agree that IYBA is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any content on or available from such sites or
resources. You further acknowledge and agree that IYBA will 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
available on or through any such site or resource.
7. Indemnity
You agree to indemnify and hold IYBA and its subsidiaries,
affiliates, officers, agents, directors, employees, co-branders or other
partners and vendors harmless from any claim, action or demand, loss, costs and
expense, including reasonable attorneys' fees, made by any third party due to
or arising out of your use of the Service, your connection to the Service or
your violation of any rights of another, or any negligent acts or errors or
omissions of you or your agents or contractors.
8. No Resale of Service
You agree not to modify, reproduce, duplicate, copy, sell,
resell or exploit the Service for any commercial purposes, use to create
derivative works from the Service or any portion thereof, without our prior
written consent. "Derivative Work" is a work based upon one or more
preexisting works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which a work may be recast,
transformed, or adapted. A work consisting of editorial revisions, annotations,
elaborations, or other modifications, which, as a whole, represent an original
work of authorship, is a "derivative work".
9. Modifications and Termination of Service
IYBA reserves the right, at its sole discretion, at any time and
from time to time, to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that IYBA will
not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
10. Ownership Of Content; Copyright and Trademarks
The Content is protected by all applicable international,
federal, state and local laws, including but not limited to copyright and
trademark laws. Any unauthorized use of the Content is expressly prohibited.
All rights in the Content Compilation are expressly reserved to IYBA.
If you believe that your intellectual property rights have been
violated by IYBA or by a third party who has uploaded content on our Site,
please provide the following information to the designated copyright agent
listed below:
IYBA may request additional information before removing any
infringing material. IYBA may provide the alleged
infringing party with your e-mail address so that that person can respond to
your allegations.
If you believe your copyrighted material is being used on this
site without permission, please notify IYBA at:
International Yacht Brokers Association
Copyright Compliance
1845 Cordova Rd, Suite 205
Fort Lauderdale, FL 33316
1-954-522-9270
info@iyba.org
11. Disclaimer of Warranties
YOU UNDERSTAND AND EXPRESSLY AGREE THAT: a. YOUR USE OF AND
RELIANCE UPON THE SERVICE, THIS SITE AND CONTENT IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IYBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. IYBA
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE. c. YOU OBTAIN ANY MATERIAL THROUGH THE
USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM IYBA OR THROUGH THE SERVICE WILL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. Limitation of Liability. Remedies
YOU UNDERSTAND AND EXPRESSLY AGREE THAT NEITHER IYBA NOR ITS
SUPPLIERS OR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF IYBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
DIRECTLY OR INDIRECTLY FROM: a. THE USE, RELIANCE, OR THE INABILITY TO USE THE
SERVICE OR CONTENT; b. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
c. ANY ERROR OR OMISSION; OR d. ANY OTHER MATTER RELATING TO THE SERVICE.
13. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
11 AND 12 MAY NOT APPLY TO YOU.
14. Interruption of Service
The Site and access to the content of the Site may from time-to-time
be unavailable to you, whether because of technical failures or interruptions,
intentional downtime for service or changes to the Site, or otherwise. You
agree that we will have no liability of any nature to you or any third party
for any modifications to the Site, and any interruption or unavailability of
access to the Site or its content.
15. Notice
The Service may provide notices of changes to the TOS or other
matters by displaying notices or links to notices generally on the Service.
16. Trademark Information
IYBA, IYBA.pro, the IYBA logo, and other IYBA logos, product and
service names are trademarks and service marks of IYBA (the " IYBA Marks").
You agree not to display or use in any manner, the IYBA Marks without IYBA’s prior
permission.
17. General Information
These TOS govern your use of the Service. You also may be
subject to additional terms and conditions that may apply when you use other IYBA
services, affiliate services, third-party content or third-party software.
The TOS and the relationship between you and IYBA are governed
by the laws of the State of Florida without regard to its conflict of law
provisions. You and IYBA agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Broward, Florida.
The failure of IYBA to exercise or enforce any right or
provision of the TOS is not a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
We reserve all rights not expressly granted or addressed herein.
Procedure for Notice of Copyright Infringement Pursuant to the
Digital Millennium Copyright Act, 17 U.S.C. 512. If you wish to notify us of
Content or postings on this Site that may result in copyright infringement
pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512, please mail
your notification to Legal Department, IYBA 1845 Cordova Rd, Suite 205, Fort
Lauderdale FL 33316 or fax your notification to our designated agent at 1-954-764-0697.