Website Use Agreement
This Internet Website Use Agreement (the "Agreement") is between you and International Marketing Strategies, Inc. ("IMS"), publisher of the Official Guide to Ship & Yacht Registries ("OGSR"), with a principal place of business at 62 Southfield Avenue, Stamford, Connecticut 06902, USA. Use of the IMS Internet website, www.guidetoshipregistries.com (the "OGSR web site") signified your agreement to the terms and conditions of use set forth below in the agreement:
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE OGSR WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the OGSR website.
(2) IMS may monitor your use of the OGSR website, but will only use this information to provide you additional services related to the OGSR and/or the OGSR website and any amendment or modification thereto or to investigate any suspected illegal or fraudulent activity or any suspected breach of any provision of this agreement.
(3) IMS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this agreement, in whole or in part, at any time. Notification of changes in the agreement will be posted on the OGSR website.
(4) The OGSR web site is protected by copyright as collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the OGSR website are only for your personal, non-commercial use. All materials contained on the OGSR website are protected by copyright, and are owned or controlled by IMS or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the OGSR website. You may download and make one (1) copy of the content and other downloadable items displayed on this OGSR website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. copying or storing of any content for other that personal, noncommercial use is expressly prohibited without the prior written permission from IMS or the copyright holder identified in the individual contents copyright notice.
(5) IMS may change, suspend or discontinue any aspect of the OGSR website at any time, including the availability of any OGSR web site feature, database, or content. IMS may also impose limits on certain features and services or restrict your access to parts or all of the OGSR web site without notice or liability.
(6) You represent, warrant and convenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the OGSR web site any materials which (i) restrict or inhibit any other user from using and enjoying the OGSR web site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii)contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of face; and (b)that you are at least eighteen (18)years old.
(7) You hereby agree to idemnify, defend and hold IMS and all its officers, directorys, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified parties") harmless from and against any and all libility and costs incurred by the indemnified parties in connection with any claim arising out of any breach by you of the agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as resonable required in the defense of any claim. IMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of IMS.
(8) The OGSR web site contains links and pointers to the other related world wide web internet sites, resources, and sponsors of the OGSR website. Links to and from the OGSR web site to other third party sites, maintained by third parties, do not constitute an endorsement by IMS or any ob its subsidiaries or affiliates of any third party resources, or their contents.
(9) IMS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the OGSR web site. You acknowledge that any reliance upon any such opnion, advice, correct any errors or omissions in any portion of the OGSRwebsite.
(10) IMS does not and cannot review all materials that may be posted to the OGSR website by users, and IMS is not responsible for any such materials posted by users. However, IMS reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in IMS's sole discretion are objectionable or in violation of this agreement.
(11) THE OGSR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE OGSR WEB SITE, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW,IMS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THE OGSR WEB SITE OR THE MATERIALS INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE OGSR WEBSITE FOR ANY PRODUCTS OR SERVICES OR HYPER TEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE OGSR WEB SITE OR ANY LINKED SITE. FURTHER IMS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE OGSR WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OGSR WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OR VIRUSES OR OTHER HARMFUL COMPONENTS. IMS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE OGSR WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(12) By posting messages, uploading files, inputting data or engaging in other form of communication (individually or collectively "communications") to the OGSR web site, you hereby grant to IMS perpetual, worldwide, irrevocable,unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt,distribute, display,publicly perform,reproduce transmit, modify, edit and otherwise exploit such communications, in all media now known or hereafter developed. You hereby walve all rights to any claim against IMS for alleged or actual infringements of any proprietary rights, rights or privacy and publicity, moral rights, and rights of attribution in connection with such communications.
(13) You acknowledge that transmission to and from this OGSR website are not confidential and your communications may be read or intercepted by others. You acknowledge that submitting communications to IMS, no confidential, fiduciary, contractually implied or other relationship is created between you and IMS other than pursuant to this agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CONNECTICUIT.
(15) This agreement constitutes the entirement between IMS and you with respect to your use of the OGSR web site any cause of action you may have with respect to your use of the OGSR website must be commenced within one (1) year after the claim or cause of action arised. If for any reason a court of competent jurisdiction finds any provision of the agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the agreement and the remainder of this agreement shall continue in full force and effect. IMS disclaims any and all responsibility for content contained in any third party materials provided through links from the OGSR website.
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