This is a legal and binding agreement between you, hereinafter known as the Customer, and YD-I.com. hereinafter known as The Company, trading under its own name or through or under the trading names of it's associated website YachtingDirect .
By using, installing or accessing the The Company websites, the Services and certain Products that are offered, as our Customer, you agree to all of the terms and conditions of this agreement and any appended policies.
All rights not expressly granted herein are retained by The Company and/or its licensors. Except as stated above, this agreement does not grant the Customer any intellectual property rights in the offered services or any Software. Customer shall not rent, lease, transfer or sub license any service or supplied Software.
Customer shall not under any circumstances undertake, or permit a third party to :
(i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or
(ii) prepare derivative of the Software or
(iii) remove any product identification, The Company, trademark or other notice from the Software. Any such copy made by you shall be subject to this agreement and shall contain all of The Company's notices regarding The Company's, trademarks and other proprietary rights as contained in the Software originally provided to you.
(iv) harvest or compile listings of advertisers or their details for any purpose other than for contacting them as a potential customer.
The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain vested at any and all times in The Company and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable Spanish or other law. This License does not give Customer any rights to such content.
The Company does not warrant that the Software will operate error free or uninterrupted or will meet the Customer’s requirements. The Customer acknowledges that software in general is not totally error-free or fault-tolerant and agrees that the existence of errors will not constitute a breach of this agreement. Except for the express warranties stated in this section, the Software are licensed "as is" and The Company specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory non infringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties.
The Company shall, in no way, be held responsible by the Customer or any third party, for any costs, loss of business income, additional or out of pocket expenses or for the loss or suspension of their advertising or services due to any of the following taken singly, or in any combination, including, but not limited to; war, pandemics, act of terrorism, labor disputes, compliance with law, order, rule or regulation, fire, flood, storm, breakdown of machinery, failure of computer equipment or default of suppliers or sub-contractors..
Advertising services offered on any of the The Company website and the extent of the relationship between The Company and the third party; is limited to any contractual agreement concerning advertising placements on The Company's web sites and are subject to the following conditions:
The Company shall not, in any way, be held responsible for any results generated by third party search engine software, misuse of displayed data by any third party, costs, loss of business income, additional or out of pocket expenses incurred as the result of advertising displayed on any of its websites. It is understood that any information contained within a advertising entry will become a matter of public record as soon as it is posted to the web, and copies may exist outside of the control of The Company even after the entry has been withdrawn.
The Company does not endorse and is in no way responsible for the accuracy of any displayed details or claims of advertisers or listed companies or individuals or those pertaining to the content, functionality of websites, pages or information displayed by third party links. The Company disclaims all other legal, fiscal, commercial or morel relationships with any third party advertised or listed on any of its websites, either implied or stated, nor to represent the third party in any way (unless otherwise indicated). Any third party site that is displayed as a link from any of The Company's websites may, at any time, request that any or all links be removed.
Third party sites wishing to include a link to any of the pages contained within The Company's websites must obtain prior written consent from The Company.
The Company reserve the right at any time and without prior notice or disclosure of grounds to rescind permission for third party sites to include links to The Company's website pages.
The Customer agrees that the information supplied in an order, or entered via an on-line form or any other means of communication can be used for public display on the Internet unless it is specifically stated that such information is for billing and record purposes only.
The inclusion, formatting, page entry, sizing and positioning of any promotional advertising and listings are wholly at the discretion of the The Company.
Free advertising and listings, however displayed, on any of The Company's websites or promotional or advertising media are, on behalf of companies, traders and individuals and may be displayed for a period not exceeding 1 year, after which they may be renewed by the customer or at the discretion of the The Company.
Promotional advertising and listings, however displayed, on any of The Company's websites or promotional or advertising media, on behalf of individuals or companies, or Premium, Page, Pop-Up, Runner, Banner or Logo (whether dedicated, shared, static or animated) advertising are, in all cases, considered commercial and the relevant fees are applicable.
The Company will activate the Customer's paid advertising entry only after the registration forms have been completed to the extent of satisfying the fiscal authorities in Spain which includes the submission of a valid fiscal identity number or passport number. Should any invoicing or supplemental invoicing remain unpaid after the 14 days credit limit, The Company reserves the right to suspend any advertising or other services until such time (for a period not exceeding an additional 30 days) as the outstanding amount has been settled in full plus a supplemental administrative fee of 30 Euros plus IVA. If no payment has been received within the allocated time period, The Company reserves the right to cancel any prior agreement or contract with the Customer and permanently delete any related content. Cancellation of advertising account by the Customer does not absolve the Customer of any unpaid invoicing pertaining to prior use or services rendered.
The Company shall, in no way, be held responsible by the Customer or any third party for any costs, loss of business income, additional or out of pocket expenses or for the loss or suspension of their advertising or services due to the failure by the Customer download or read any eMail notification sent to them by The Company, nor for any eMail delivery failures due, but not limited to, third party internal or external eMail handling, filtering or routing or service outages.
It is the Customers responsibility to inform The Company of any changes to their details as recorded on the registration and billing information forms. The Company will not be held liable for any loss or damages incurred by the Customer for failing to provide accurate and up-to-date information.
In no case will any setup fee be refundable to the Customer in the event of the Customer choosing to cancel the agreement with The Company, and any additional costs incurred by The Company on the Customer's behalf may also be charged to the Customer .
The Company reserves the right to suspend or cancel any agreement or contract if the content of the Customer's web site, domain name, e-mail name or advertising entry is considered to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, immoral or illegal in any respect. Such decision is wholly at the discretion of The Company and is not subject to arbitration. The Company shall, in no way, be held responsible by the Customer or any third party for any costs, loss of business income, additional or out of pocket expenses or for the loss or suspension of their advertising or services due to the Customer failing to comply with any legal requirements as may be applicable to their business or website.
All pricing and/or invoicing generated by The Company are subject to the inclusion of any relevant sales, value added or other taxes, as are applicable under the current fiscal legislation in Spain.
COPYRIGHT MATERIAL AND TRADEMARKS
The Company shall not be held responsible for any disputes or litigation or costs pertaining or incurred thereof regarding Copyright Material or Trademarks.
It is the advertisers responsibility to ensure all material displayed on their site is free from Copyright restrictions and any content that may be construed as a trademark be properly and correctly accredited.
Communications by third parties to The Company regarding Copyright Material or Trademark infringements may lead to your advertising being suspended if the third party can prove satisfactorily that any prior direct communications to the offending advertiser have either been ignored or no satisfactory agreement can be reached. Such suspension shall not be subject to any credit of contractual fees nor pro rata prolongation of contract and the site will remain suspended until such time as the dispute has been resolved or the offending material removed or rectified and a communication from each of the interested parties to that effect has been received by The Company.
LIMITATION OF LIABILITY.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall The Company or its suppliers or resellers be liable to the Customer or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, data loss or any and all other commercial damages or losses, even if The Company shall have been informed of the possibility of such damages, or for any claim by any other party.
EXPORT CONTROLS AND OTHER RESTRICTIONS.
Except as provided for in this agreement, none of the Software or underlying information or technology may be downloaded, used, copied, modified, reproduced, distributed or otherwise exported or re-exported by the Customer.
This agreement is effective until terminated. The Company may terminate this agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this agreement.
The Customer shall give 30 days notice of intent to terminate an advertising entry. Failure to advise The Company no less than 30 days prior to the renewal date of the advertising entry shall be considered intent to renew said period and the Customer shall be liable for any and all costs pertaining to the renewal.
The Company shall accept no responsibility for, costs, sanctions, loss of business income, additional or out of pocket expenses incurred as a result of the failure of the Customer to register their websites or domains or advertising presence on the web as required by any applicable legal statute.
The Customer agrees to accept from The Company by e-mail mail fax or phone information pertaining to billing contracts, reports, official notifications, support, operational procedures, offers, information pertaining to your advertising and technical updates.
The Customer may request to stop receiving any further communications from this website by sending an E-mail to email@example.com (Subject Line MUST include the word Unlist) requesting their address be removed, which will result in the deletion of the Customers advertising account and any advertisements that may be associated with it, and if applicable, the forfeiture of any pre-paid fees for subscription commercial advertising.
The Company reserves the right to update this agreement without prior notice to reflect new or modified services or changes to legislation. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and The Company agrees to furnish the service only upon these terms.
If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances.
Headings shall not be considered in interpreting this agreement. This agreement shall be governed by and construed under the law of Spain as such law applies to agreements between The Company and its clients entered into and to be performed entirely within the province of Mallorca, Spain, except as governed by European Law.
UNSOLICITED E-MAIL (SPAM).
The Company servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited bulk e-mail (UBE), unsolicited commercial e-mail (UCE), spam, off-topic newsgroup posts, flames, or mail bombs. The Company reserves the right to refuse and/or cancel advertising or services of known spammers, mail addresses or web sites being used for such services. The Company reserves the sole right to determine what constitutes violation of this provision.