Member Interface Agreement
Member Relationship with GetMyBoat. This Agreement sets forth the Terms and Conditions of Member's use of GetMyBoat's products, software, services and web Website(s) (collectively "Services"). GetMyBoat means GetMyBoat, Inc. d/b/a GetMyBoat and GetMyBoat.com. (GetMyBoat and Member are referred to herein each as a "Party," and collectively as the "Parties.") If Member does not agree to all of the Terms, Member must not use GetMyBoat's Services. GetMyBoat reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to GetMyBoat's Services and cancellation of Member's GetMyBoat account.
Acceptance. Use of GetMyBoat Services constitutes acceptance of this Agreement. Member accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by GetMyBoat in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Member understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.
Website Uptime and Display of Member-Generated Content. Uptime. GetMyBoat will use commercially reasonable efforts to ensure that interfaces to Member and User access to GetMyBoat Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the GetMyBoat Website and when service interruptions are caused by conditions outside of GetMyBoat's control. GetMyBoat in no way guarantees that Services will be available without interruption.
Member-Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the "Content") you post on, transmit through, or link from the Website, are your sole responsibility. You agree that GetMyBoat is only acting as a passive conduit for your online distribution and publication of your Content. More specifically, you are entirely responsible for each individual item of the Content that you make available via the Website. GetMyBoat makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant GetMyBoat the rights to use such Content in connection with providing the services.
GetMyBoat is not responsible for any inaccuracy or incompleteness in the information provided by Member. It is the Member's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Member discovers that listing details are inaccurate or incorrect, it is the Member's sole responsibility to correct the information in the Member account interface or contact a GetMyBoat representative to resolve any such error.
We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Posting any Content that GetMyBoat deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. GetMyBoat reserves the right to remove Content at its sole discretion.
License. You retain all your rights in your Content. By posting such Content you grant GetMyBoat an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in GetMyBoat's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of GetMyBoat's Service.
Photographs. If you choose to use the GetMyBoat's photography service, you agree that GetMyBoat will own all right, title and interest in and to the copyright rights in the resulting images.
Registration. Prior to using Services, Member is required to register on the GetMyBoat Website, and perform all actions necessary to comply with the GetMyBoat Website registration requirements and the Terms.
Responsibility for applicable laws, rules and regulations. Members agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of boats, the conduct of their rental business, and the operation of any boat advertised on the Website, including but not limited to taxes, permit or license requirements, inspection and safety compliance, and verification of Renter identification and travel documentation, as applicable.
It is the responsibility of the member to: fully vet, train, and make Renters aware of safety features, and ensure there is insurance coverage for each rental.
when acting as a captained charter, Members must ensure they meet all local regulations and licensing to act as a captained charter.
User-Member Communications. You agree that, with respect to other Members' or Users' personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Member or User related to the purpose of the Website (such as inquiring about or booking an on-line rental and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Member or User to any third party without both our consent and the consent of the Member or User. You agree that other Members or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Members' or Users' personal information with the same degree of care hat you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Member or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the Member's or User's express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.
Content and Layout
All Content and copy edits submitted by Members are subject to review and approval at GetMyBoat's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Member intended.
Member (the "Indemnifying Party") will defend and indemnify GetMyBoat (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party.