1. ACCEPTANCE OF TERMS
Welcome to Wooden Boat World! WB World provides
the Wooden Boat World service to you, subject
to the following Terms of Service ("TOS"),
which may be updated by us from time to time
without notice to you; provided that, we will
not alter Section 7 ("Content Submitted to
Wooden Boat World") without prior notice to
and acceptance by you. You can review the
most current version of the TOS at any time
at: http://www.woodenboatworld.com/tos.asp.
Please note that other WB World services,
outside of Wooden Boat World, are governed
by a different Terms of Service.
2. DESCRIPTION OF SERVICE
Wooden Boat World currently provides users
with access to a rich collection of on-line
resources, including personal web page hosting
services (the "Service"). Unless explicitly
stated otherwise, any new features that
augment or enhance the current Service,
including the release of new Wooden Boat
World resources, shall be subject to the
TOS. In order to use the Service, you must
obtain access to the World Wide Web, either
directly or through devices that access
web-based content, and pay any service fees
associated with such access. In addition,
you must provide all equipment necessary
to make such connection to the World Wide
Web, including a computer and modem or other
access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service,
you agree to: (a) provide true, accurate,
current and complete information about yourself
as prompted by the Service's registration
form (such information being the "Registration
Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate,
current and complete. If you provide any
information that is untrue, inaccurate,
not current or incomplete, or WB World has
reasonable grounds to suspect that such
information is untrue, inaccurate, not current
or incomplete, WB World has the right to
suspend or terminate your account and refuse
any and all current or future use of the
Service (or any portion thereof).
4. WB World PRIVACY POLICY
Pursuant to WB World privacy policy, we
may disclose to third parties certain aggregate
information contained in your Registration
Data or related data, provided that, such
information will NOT include personally
identifying information, except as specifically
authorized by you or in the good faith belief
that such action is reasonably necessary
to comply with the law, legal process, to
enforce the TOS, or under any of the other
circumstances set forth in our privacy policy,
as may be amended from time to time.
5. MEMBER CONDUCT
You understand that all information, data,
text, software, music, sound, photographs,
graphics, video, messages or other materials
("Content"), whether publicly posted or
privately transmitted, are the sole responsibility
of the person from which such Content originated.
This means that you, and not WB World, are
entirely responsible for all Content that
you upload, post or otherwise transmit via
the Service. WB World does not control the
Content posted via the Service and, as such,
does not guarantee the accuracy, integrity
or quality of such Content. You understand
that by using the Service, you may be exposed
to Content that is offensive, indecent or
objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any
Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically
or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including,
but not limited to, a WB World official,
forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
(d) forge headers or otherwise manipulate
identifiers in order to disguise the origin
of any Content transmitted through the Service
or develop restricted or password-only access
pages, or hidden pages or images (those
not linked to from another accessible page);
(e) upload, post or otherwise transmit any
Content that you do not have a right to
transmit under any law or under contractual
or fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as part
of employment relationships or under nondisclosure
agreements);
(f) upload, post or otherwise transmit any
Content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights of any party;
(g) upload, post or otherwise transmit any
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any
other form of solicitation, except in those
areas of the Service that are designated
for such purpose;
(h) upload, post or otherwise transmit any
material that contains software viruses
or any other computer code, files or programs
designed to interrupt, destroy or limit
the functionality of any computer software
or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other
users of the Service are able to type, or
otherwise act in a manner that negatively
affects other users' ability to engage in
real time exchanges;
(j) interfere with or disrupt the Service
or servers or networks connected to the
Service, or disobey any requirements, procedures,
policies or regulations of networks connected
to the Service;
(k) intentionally or unintentionally violate
any applicable local, state, national or
international law, including, but not limited
to, regulations promulgated by the U.S.
Securities and Exchange Commission, any
rules of any national or other securities
exchange, including, without limitation,
the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations
having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about
other users;
(n) promote or provide instructional information
about illegal activities, promote physical
harm or injury against any group or individual,
or promote any act of cruelty to animals.
This may include, but is not limited to,
providing instructions on how to assemble
bombs, grenades and other weapons, and creating
"Crush" sites;
(o) use your home page (or directory) as
storage for remote loading or as a door
or signpost to another home page, whether
inside or beyond Wooden Boat World;
(p) have multiple Wooden Boat World addresses
that are within the same Wooden Boat World
gallery; or
(q) engage in commercial activities without
enrolling in WB World approved affiliate
or advertising programs. This includes,
but is not limited to, the following activities:
- offering
for sale any products or services;
- soliciting
for advertisers or sponsors;
- conducting
raffles or contests that require any type
of entry fee;
- displaying
a sponsorship banner of any kind, including
those that are generated by banner or
link exchange services; and
- displaying
banners for services that provide cash
or cash-equivalent prizes to users in
exchange for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules
regarding online conduct and acceptable
Content. Specifically, you agree to comply
with all applicable laws regarding the transmission
of technical data exported from the United
States or the country in which you reside.
7. CONTENT SUBMITTED TO Wooden Boat World
WB World does not claim ownership of the
Content you place on your Wooden Boat World
Gallery. By submitting Content to Wooden
Boat World for inclusion on your Gallery,
you grant WB World the world-wide, royalty-free,
and non-exclusive license to reproduce,
modify, adapt and publish the Content solely
for the purpose of displaying, distributing
and promoting your Gallery on WB World Internet
properties. This license exists only for
as long as you continue to be a Wooden Boat
World homesteader and shall be terminated
at the time your Wooden Boat World Site
is terminated.
You acknowledge that WB World does not pre-screen
Content, but that WB World and its designees
shall have the right (but not the obligation)
in their sole discretion to refuse or remove
any Content that is available via the Service.
Without limiting the foregoing, WB World
and its designees shall have the right to
remove any Content that violates the TOS
or is otherwise objectionable. You agree
that you must evaluate, and bear all risks
associated with, the use of any Content,
including any reliance on the accuracy,
completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold WB World,
and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and
employees, harmless from any claim or demand,
including reasonable attorneys' fees, made
by any third party due to or arising out
of your Content, your use of the Service,
your connection to the Service, your violation
of the TOS, or your violation of any rights
of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the
Service, use of the Service, or access to
the Service.
10. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that WB World may establish
general practices and limits concerning
use of the Service.
11. MODIFICATIONS TO SERVICE
WB World reserves the right 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 WB World shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. TERMINATION
You agree that WB World, in its sole discretion,
may terminate your password, Wooden Boat
World Gallery, use of the Service or use
of any other WB World service, and remove
and discard any Content within the Service,
for any reason, including, without limitation,
for lack of use or if WB World believes
that you have violated or acted inconsistently
with the letter or spirit of the TOS. WB
World may also in its sole discretion and
at any time discontinue providing the Service,
or any part thereof, with or without notice.
You agree that any termination of your access
to the Service under any provision of this
TOS may be effected without prior notice,
and acknowledge and agree that WB World
may immediately deactivate or delete your
Wooden Boat World Gallery and all related
information and files in your Wooden Boat
World Gallery and/or bar any further access
to such files or the Service. Further, you
agree that WB World shall not be liable
to you or any third-party for any termination
of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
WB World runs advertisements and promotions
in Wooden Boat World Galleries. By creating
your Wooden Boat World Gallery, you agree
that WB World has the right to run such
advertisements and promotions. The manner,
mode and extent of advertising by WB World
on your Wooden Boat World Gallery is subject
to change. Your correspondence or business
dealings with, or participation in promotions
of, advertisers found on or through the
Service, including payment and delivery
of related goods or services, and any other
terms, conditions, warranties or representations
associated with such dealings, are solely
between you and such advertiser. You agree
that WB World shall not be responsible or
liable for any loss or damage of any sort
incurred as the result of any such dealings
or as the result of the presence of such
advertisers on the Service.
14. LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web
sites or resources. Because WB World has
no control over such sites and resources,
you acknowledge and agree that WB World
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, advertising,
products, or other materials on or available
from such sites or resources. You further
acknowledge and agree that WB World 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 site or resource.
15. WB World PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection
with the Service ("Software") contain proprietary
and confidential information that is protected
by applicable intellectual property and
other laws. You further acknowledge and
agree that Content contained in sponsor
advertisements or information presented
to you through the Service or advertisers
is protected by copyrights, trademarks,
service marks, patents or other proprietary
rights and laws. Except as expressly authorized
by WB World or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute
or create derivative works based on the
Service or the Software, in whole or in
part.
WB World grants you a personal, non-transferable
and non-exclusive right and license to use
the object code of its Software on a single
computer; provided that you do not (and
do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to
discover any source code, sell, assign,
sublicense, grant a security interest in
or otherwise transfer any right in the Software.
You agree not to modify the Software in
any manner or form, or to use modified versions
of the Software, including (without limitation)
for the purpose of obtaining unauthorized
access to the Service. You agree not to
access the Service by any means other than
through the interface that is provided by
WB World for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WB World 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) WB World MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE 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 WB World
OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WB World SHALL NOT 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 WB World HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
18. 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 16
AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING
TO FINANCIAL MATTERS
If you intend to create or join any service,
receive or request any news, messages, alerts
or other information from the Service concerning
companies, stock quotes, investments or
securities, please read the above Sections
16 and 17 again. They go doubly for you.
In addition, for this type of information
particularly, the phrase "Let the investor
beware" is apt. The Service is provided
for informational purposes only, and no
Content included in the Service is intended
for trading or investing purposes. WB World
shall not be responsible or liable for the
accuracy, usefulness or availability of
any information transmitted via the Service,
and shall not be responsible or liable for
any trading or investment decisions made
based on such information.
20. NOTICE
Notices to you may be made via either email
or regular mail. The Service may also provide
notices of changes to the TOS or other matters
by displaying notices or links to notices
to you generally on the Service.
21. COPYRIGHTS
WB World respects the intellectual property
rights of others and we ask our users to
do the same.
22. TRADEMARKS
The use of the Wooden Boat World logo (LOGO)
and/or the woodenboatworld.com domain name
(DOMAIN) is granted only if not modified
in any way, unless permission is granted
in writing. Permission to use the LOGO and/or
DOMAIN, if shown on the same material as
another logo, graphic, or domain name must
also be granted in writing. Use of the LOGO
and/or DOMAIN must also not be used for
commercial, malicious, illegal, or competitive
reasons.
23. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and WB World and govern your
use of the Service, superceding any prior
agreements between you and WB World or Wooden
Boat World (including, but not limited to,
any prior versions of the TOS). You also
may be subject to additional terms and conditions
that may apply when you use affiliate or
other WB World services, third-party content
or third-party software. The TOS and the
relationship between you and WB World shall
be governed by the laws of the State of
California without regard to its conflict
of law provisions. You and WB World agree
to submit to the personal and exclusive
jurisdiction of the courts located within
the county of San Diego, California. The
failure of WB World to exercise or enforce
any right or provision of the TOS shall
not constitute 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.
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