The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and YachtSmarter, Inc. a Delaware Corporation (“YachtSmarter”). In order to use the Service (defined below) and the associated Application (defined below), you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by YachtSmarter (collectively, the “Service”), and downloading, installing or using any associated application or web service supplied by YachtSmarter which purpose is to enable you to use the Service (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time in the Application in the Terms of Service section.
THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IF YOU LIVE IN THE US, THESE TERMS AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH YACHTSMARTER, AND YOU SHOULD REVIEW THESE TERMS CAREFULLY.
YachtSmarter reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
The App provides its App to the User under these General Terms
- User represents and acknowledges that User has read the Terms and agreed to honor these Terms and that the information the User provides the App is accurate, complete, and is within the User’s right to use.
- If User is entering into these Terms on behalf of an App or another legal entity, User represents that User has the authority to bind such entity and its affiliates to these Terms, in which case the terms “User,” will refer to such body and its registered User s.
- These Terms constitute a binding contract between User and the App, and User acknowledges that these Terms govern the User’s use of the App.
- Yachtsmarter, Inc. may change the Terms or remove portions of the Terms at any time; User should check our Privacy from time to time for any new updates. User’s use of the App will indicate User’s acceptance of such changes.
- Yachtsmarter is a mobile app that connects clients with yacht owners and facilitates the booking. It works on peer-to-peer yacht charter system. The User can find a yacht to charter or offer Users’ yacht for charter and earn extra income.
- Users are required to register and verify their account via phone number before using the app. User warrants that they are above the age of 18, and that the information provided is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the User account on the App.
Once the User registers, User can launch the Yachtsmarter app and select the location they're hoping to make a booking.
- The app features an in-app chat feature which will connect User directly with yacht owners to answer all possible queries.
- A listing of yachts will be exhibited to clients. Clients may then use Yachtsmarter features to narrow down the choice. Clients will then submit a request to the contact/owner of the yacht.
- The owner will answer back with an offer to book the yacht with the information the client provided based on availability.
- Once the client accepts an offer, the client's credit card will be charged the amount of the booking, and the booking will be confirmed.
By using the Application or App, User expressly represents and warrant that User is legally entitled to enter into this Agreement.
- The use of the App and Application is not available to children (persons under the age of 18). By using the App, User represents and warrant that User is at least 18 years old.
- By using the App, User represent and warrant that User has the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
- Users’ participation in using the App is for Users’ sole, personal use. The user may not authorize others to use Users’ user status, and User may not assign or otherwise transfer Users’ user account to any other person or entity.
- By using the Application or the App, User agrees that User will only use the App or Application for lawful purposes; User will not use the App s for sending or storing any unlawful material or for fraudulent purposes.
- User will not use the App or Application to cause nuisance, annoyance or impair or harm the operation of the network.
- The App and all content, server, and network elements are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and The App expressly disclaims any and all warranties, whether express or implied.
- Yachtsmarter, Inc. does not guarantee that the App and content are accurate; error-free; free of viruses; or any other harmful elements. As with any App, a User may enter, caution should be used. The User is responsible for any damages to User’s device or computer, or other harm.
- Yachtsmarter, Inc. does not accept any liability for impairments arising out of or in connection with Users’ use of this App. This includes direct loss, loss of business or profits, damage affected to Users’ computer, computer systems and programs and the data or any other direct or indirect, consequential and incidental damages. Yachtsmarter, Inc. will have no liability whatsoever to the Customer if the App fails to provide any element of App s by the agreed and/or relevant due date.
- The Customer acknowledges that Yachtsmarter, Inc. accepts no liability for the condition of the yacht’s listed on the app.
THIRD PARTY APPS and CONTENT
- Yachtsmarter, Inc. may provide access to third-party content, such as content submitted by Users of the App, and links to third-party Apps.
- Yachtsmarter does not take any obligation to review, screen, or investigate materials or other information submitted or provided by third parties (including other Users) in connection with the App s;
- Undertake any obligation to review, screen, or investigate third parties who provide links to their Apps (or the Apps of other third parties) or the content of any such Apps; or
- Yachtsmarter, Inc. is not responsible for any third-party whether the information is accurate or suitable for Users’ use, or operation of any third-party Apps, for any products or App s advertised or sold by any third party.
- Use of any such third-party Apps will be subject to those terms to which User and the third party agree.
- User assumes all risks arising out of or resulting from any transaction of business over the Internet, and User agrees that App is not responsible or liable for any loss or damage resulting from the use of third-party content, Apps, or App s.
ARRANGING YACHT CHARTERS
- You will be responsible for arranging charters from the listing of yachts provider for the User on the App. The user may then use Yachtsmarter features to narrow down the choice. Clients will then submit a request to the contact owner of the yacht.
- The owner will answer back with an offer to book the yacht with the information the client provided based on availability.
- Once the client accepts an offer, the client's credit card will be charged the amount of the booking, and the booking will be confirmed.
CONFIRMATION OF CAPTAINS and CHARTERS
- Captains: In order to ensure safety and a memorable experience YachtSmarter requires that a U.S. Coast Guard Captain be hired and operate any and all YachtSmarter listed vessels. In line with such requirement, YachtSmarter provides listings of available Captains which can be hired by the Renter.
- Charters: Yachtsmarter will coordinate signature of all necessary documents for reserving the Yacht, and receipt of payment. It is your sole responsibility to carefully verify all travel details reflected in the confirmation when booking. Upon your acceptance of the confirmation, you become subject to the Yachtsmarter’s cancellation policy.
- Disclaimer: Please note that, as stated above, the services are intended to be used to facilitate the booking of boats. Yachtsmarter cannot and does not control the content contained in any listings or offerings for service and the condition, legality or suitability of any boats, captains or other affiliates or service providers. Yachtsmarter is not responsible for and disclaims any and all liability related to any and all listings and boats as well as any information published by affiliates. Accordingly, any bookings and service agreements will be made at the renter's, owner’s and Captain’s own risk.
FEES and PAYMENT for CHARTER SERVICE
In consideration for providing the App, Yachtsmarter collects service fees from Owners and Renters (“Fees”).
Service Fees are made up of two (2) components: (i) Renter Fees and (ii) an Owner Fee charged to the Owner based upon a percentage of the amount of the Boat Fees. Where applicable, Taxes may also be charged in addition to the Owner Fees.
- Owner Fees are deducted from the Total Service Fees before remitting the Boat Fees to the Owner, within 24 hours of when the Renter returns the applicable Boat. Renter Fees are, as noted above, also included in the Total Fees.
- Balances will be remitted by Yachtsmarter to Owners and Captains through direct deposit or other payment methods described on the App, in US dollars. Except as otherwise provided herein, Service Fees are non-refundable.
- When reserving a yacht, a payment will be processed for the Total Price stated on the App and/or Website as follows with the credit card on file that User provided when registering for an account.
- If a reservation is confirmed more than 7 days prior to the charter date, then Yachtsmarter will charge you a non-refundable reservation deposit which will be equal to the greater of $1,000 or 50% of the Total Price (the “Reservation Deposit”).
- Yachtsmarter charges a broker fee of 10% of the total reservation fee which is due immediately and is non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage. Please note the pricing information published on the website or mobile app may not reflect the prevailing pricing.
- Yachtsmarter at its sole discretion may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract.
TAXES and ADDITIONAL EXPENSES
- Taxes: You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. YachtSmarter cannot and does not offer Tax-related advice to any Members of the Site, Application, and Service. Additionally, please note that each Owner and Captain is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
- Additional Expenses may be incurred for the following:
- pet’s fees cleaning relating to pets
- yacht cleaning due to the extraordinary mess,
- special catering orders,
- ground transportation and another App s
- fuel surcharge if the yacht is underway at high speeds or
- foreign water fee for entering foreign waters, which may be itemized separately and appear as an added charge upon booking or a later time if App s are added or consumed after booking.
- Unless otherwise noted by you, charges related to such additional expenses will be charged to the credit card on file.
IDENTIFICATION AND TRAVEL DOCUMENTATION
- In accordance with the United States Coast Guard (“USCG”) regulations and other Governmental regulations, Registered User and Registered User s’ authorized guests are required to comply with all USCG regulations and will be required to present valid identification prior to departure for all charters.
- For international charters, you and any other passenger must have a valid passport in his or her possession as well as any required visas or entry documentation, which may be required. Yachtsmarter has the right to refuse to board to any person without the required documentation or non-compliance with USCG or other government regulations without recourse or further obligation to YachtSmarter.
- Yachtsmarter will require you to provide specific and accurate passenger information regarding all persons traveling pursuant to arrangements made by you, after or during the booking process and furnished to Yachtsmarter no later than twenty-four (24) hours prior to departure.
- You agree to furnish accurate and timely information to Yachtsmarter upon Yachtsmarter’s request, and understand that failure to provide the information, providing inaccurate or incomplete information in a timely manner may result in delaying a charter,
You agree that you are obligated to charter according to the Yacht Charter Itinerary provided by Yachtsmarter which stipulates the departure time based on and in consideration of the preferred departure time indicated by you at the time of booking.
YOU MUST BE AT THE YACHT PREPARED TO TRAVEL AT THE DEPARTURE TIME INDICATED ON THE YACHT CHARTER ITINERARY. IF YOU ARE NOT AT THE YACHT 30 MINUTES AFTER THE SCHEDULED DEPARTURE TIME READY TO
DEPART, YOU WILL HAVE MISSED THE CHARTER.
Captains may wait up to 1 hour after the indicated departure time as a grace period but are under no obligation to do so. Should you miss a charter, you will be charged for the missed charter and payment will be rendered according to the terms and conditions of the confirmation and this Agreement, failing which, the pre-authorized credit card will be charged as provided for herein.
Yachtsmarter shall not be liable for any delay or failure to perform in connection with any charter, App or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew registered User s, denial of operating or landing approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Yachtsmarter. Yachtsmarter is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. Yachtsmarter will use best efforts to make acceptable alternate charter arrangements should any of the above occur and cause a delay. In no event shall you pursue Yachtsmarter for any amount in excess of the amount paid by you to Yachtsmarter.
You agree to reimburse Yachtsmarter for any and all reasonable costs and expenses incurred as a result of damage to the yacht interior and or exterior which is caused by carelessness or neglect by you or any of your guests. Yachtsmarter may debit all charter expenses and other charges incurred by you, including costs of damage to yacht caused by you or your guests.
It is the sole responsibility of the owner of the yacht to maintain liability insurance coverage, including proper charter insurance. Yachtsmarter is not liable for any claims arising in connection with or related to the yacht.
- As a Registered User, you may create Listings. The user will provide information about the Boat’s value, location, size, features, availability of the Boat, pricing, related rules, and financial terms.
- You acknowledge and agree that Listings will be made publicly available via the App. Other Registered Users will be able to book your Boat via the App based on the information provided in your Listing.
- You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer Yachtsmarter.
- You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties.
- Please note that Yachtsmarter assumes no responsibility for a Boat Owner’s compliance with any applicable laws, rules, and regulations.
- Yachtsmarter reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Yachtsmarter, in its sole discretion, considers being objectionable for any reason, in violation of these Terms or otherwise harmful to the service provided by Yachtsmarter.
- You understand and agree that Yachtsmarter does not act as an insurer or as a contracting agent for you as an Owner or a Captain. If a Renter requests a booking of your Boat and uses your Boat or requests a Captain to operate a Boat, any agreement you enter into with such Renter is between you and the Renter and Yachtsmarter is not a party thereto.
- Notwithstanding the foregoing, Yachtsmarter serves as the limited authorized agent of the Owner and the Captain for the purpose of accepting payments from Renters on behalf of the Owner and the Captain and is responsible for transmitting such payments to the Owner or the Captain.
- When you create a Listing, you may also choose to include certain requirements which must be met by the Registered User s who are eligible to request a booking of your Boat, including, but not limited to, requiring Registered User s to have a profile picture or verified phone number, in order to book your Boat.
- Any Registered User wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.
- If you are an Owner, Yachtsmarter makes certain tools available to you to help you make informed decisions about which Registered User s you choose to confirm for booking in regards to your Boat.
- You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
BOOKINGS AND FINANCIAL TERMS
- If you are an Owner and a booking is requested for your Boat via the App, you will be required to confirm or reject the booking within 24 hours of when the booking is requested, or the booking request will be automatically canceled.
- When a booking is requested, we will share with you a link to the Renter’s and the Captain’s Yachtsmarter Account profile pages, so that you can view relevant information before confirming or rejecting the booking.
- When a booking is confirmed via the App, we will share with you the first and last name, as well as the contact information of both the Captain and the Renter who has requested the booking.
- If you are a Captain and there is a hire request via the App, you will be required to confirm or reject the hire request within 24 hours of when the hire request was submitted (as determined by Yachtsmarter in its sole discretion) or the hire request will be automatically canceled.
- When a hire request has been submitted, we will share with you a link to the Renter’s and the Owner’s Yachtsmarter Account profile pages, so that you can view relevant information before confirming or rejecting the hire request.
- When a booking is confirmed via the App, we will share with you the first and last name, as well as the contact information of both the Owner and the Renter who has requested the booking.
- If the Owner and/or the Captain do not respond to a Renter’s booking/hire request within a 24-hour period, that booking/hire request will be automatically canceled.
- When a booking/hire request by a Renter is confirmed, Yachtsmarter will send an email, text message or message via the App confirming such booking, depending on the selections the Owner and the Captain make via the App.
- As per Fee and Commission Policy, the fees displayed in each Listing are collectively called “Boat Fees” and are comprised of the Owner Fees and the Renter Fees.
- Where applicable, Taxes may be charged in addition to the Owner Fees and Renter Fees. The Owner Fees, the Renter Fees and applicable Taxes are collectively referred to in these Terms as the “App Fees.”
- The amounts due and payable by a Renter solely relating to an Owner’s Boat that is actually collected by Yachtsmarter are the “Owner Fees.”
- Please note that the Owner and not Yachtsmarter is the party responsible for determining such fees. The Owner Fees include the boat fee and may include the cleaning fees, refueling charges, or additional costs, at the Owner’s discretion.
- Yachtsmarter charges a fee to Renters based upon a percentage of applicable “Total Service Fees.” The Service Fees are added to the actual “Boat Fees” to calculate the “Total Service Fees” (which will also include applicable Taxes) displayed in the applicable Listing.
- Yachtsmarter will collect the total payment at the time of booking confirmation (i.e., when both the Owner and the Captain confirm the booking within 24 hours of the booking request).
- Yachtsmarter will subsequently initiate payment, less Yachtsmarter’s App Fees (defined in the Fee and Commission Policy) to the Owner 24 hours after the Renter returns the applicable Boat (except to the extent that a refund is due to the Renter).
APPOINTMENT OF YACHTSMARTER AS PAYMENT AGENT
Each Owner and Captain hereby appoints Yachtsmarter as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner and the Captain. Each Owner agrees that payment of Boat fees made by a Renter to Yachtsmarter shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to the Renter in the agreed time upon manner as if the Owner has received the Boat Fees. In accepting appointment as the limited authorized agent of the Owner, Yachtsmarter assumes no liability for any acts or omissions of the Owner. Registered Yachtsmarter Affiliates appoint Yachtsmarter as the Affiliate’s limited agent solely for the purpose of collecting payments made by Owner’s on behalf of the Affiliate for products and App s provided by the Affiliate. Each Affiliate agrees that payment of fees made by an Owner to Yachtsmarter shall be considered the same as a payment made directly to the Affiliate. Please note that Yachtsmarter does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Yachtsmarter reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the App. Please note that Yachtsmarter will provide notice of any such additional fees via the App, prior to implementing such fees.
BOOKING AND FINANCIAL TERMS FOR RENTERS
Yachtsmarter includes a security deposit in every Listing (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of a Boat, Yachtsmarter will, in its capacity as the payment agent of the Owner, either charge the Renter’s credit card or use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount determined for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s Boat. Yachtsmarter will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Yachtsmarter is not responsible for administering or accepting any claims by Owners related to Security Deposits and disclaims any and all liability in this regard.
INTELLECTUAL PROPERTY RIGHTS
The Intellectual Property Rights in this App and the materials on or accessible via it, belong to Yachtsmarter, Inc. or its licensors. This App and the contents on or available via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for, accessing and using this App). Yachtsmarter, Inc. and the App Yachtsmarter. The logo is trademarked which belong to Yachtsmarter, Inc., and User may not be used, copied or reproduced in any way without written consent from Yachtsmarter, Inc. For these purposes “Intellectual Property Rights” includes the following: any patent, trademark, trade name, App mark, App name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information.
Subject to Users’ compliance with this Agreement, Yachtsmarter, Inc. grants User a limited non- exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that User own or control and to run such copy of the Application solely for Users’ personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store, User will use the Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of App. Yachtsmarter, Inc. reserves all rights in and to the Application not expressly granted to User under this Agreement.
DOWNLOADING THE APPLICATION FROM ITUNES
The following applies to any App Store Sourced Application:
- User acknowledges and agrees that (i) this Agreement is concluded between User and Yachtsmarter, Inc. only, and not Apple, and (ii) Yachtsmarter, Inc., not Apple, is solely responsible for the App Store Sourced Application and content thereof. Users’ use of the App Store Sourced Application must comply with the App Store Terms of App.
- User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support App s concerning the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to User and the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Yachtsmarter, Inc., and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Yachtsmarter, Inc.
- User and Yachtsmarter, Inc. acknowledge that, Apple is not responsible for addressing any claims User have or any claims of any third-party relating to the App store application or Users’ use of the App Store Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Without limiting any other terms of this Agreement, User must comply with all applicable third-party terms of agreement when using the App Store Application. (see Apple's Terms and Conditions).
This Agreement may not be assigned by User without the prior written approval of Yachtsmarter, Inc. but may be assigned without Users’ consent by Yachtsmarter, Inc. to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
User agrees to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related to it nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, User represent and warrant that: (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User are not listed on any U.S. Government list of prohibited or restricted parties.
User and Yachtsmarter, Inc. agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the App or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction. User acknowledges and agrees that User and Yachtsmarter, Inc. are each waiving the right to a trial by jury and to participate as a plaintiff or class registered User in any purported class action or representative proceeding. Further, unless both User and Yachtsmarter, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Yachtsmarter fully complies with the Digital Millennium Copyright Act (also known as DMCA) to protect the rights of copyright owners. If you think that our website hosted on any of our servers contain materials that rightfully belong to you or an entity you represent, you may contact us and invoke the protections provided by the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512 (c).
PLEASE BE ADVISED THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING ON YOUR RIGHTS, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES AND CRIMINAL PENALTIES INCLUDING COSTS AND ATTORNEY FEES.
It is Yachtsmarter.co policy to respond to notices of alleged copyright infringement. The following describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to www.medivoice.com as straightforward as possible.
How to file a DMCA complaint?
The Complaining party is required to deliver the following information to
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and information reasonably sufficient to permit us to locate the material (please provide www.Yachtsmarter.co with the URLs from his customer's website where the infringing material is located);
- Information reasonably sufficient to allow www.Yachtsmarter.co to contact the complaining party such as email, telephone, fax, etc.
- The following statements printed, signed manually and sent (you may scan and attach the statement to an email):
"I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
"Under the penalty of perjury, I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed."
- A physical, faxed, or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that after Yachtsmarter receives your formal complaint, he is required to inform the Respondent of your complaint. If his customer does not remove the infringing material, he will disable access to that material.
The customer has the right to submit a counter-notification in case they disagree with the claim. In such case, the complaining party is provided with 10 days to file a lawsuit against a Yachtsmarter customer and provide proof of filing. If no such proof is submitted or a restraining order is not granted, Yachtsmarter will reinstate access to the material.
How to serve a counter-notification?
In case of a copyright complaint filed against a customer of yachtsmarter.co , the customer may voluntarily remove the material or may submit a counter-notification indicating that the case will be resolved in court. The counter-notification must include all of the following:
- Identification of the material that has been removed or to which access has been disabled and its location.
- Your full legal name, and/or that of the entity claiming to have legitimate access to the content, address, and telephone number;
- The following statements printed, signed and sent (email attachments are acceptable):
"I have a good faith belief that the material was removed or disabled in error or misidentification and I believe it is not infringing upon anyone’s copyrights. I understand that I am declaring the above under penalty of perjury, meaning that if I am not telling the truth, I may be committing a crime."
"I consent to be served by the person, who gave notice to my Service Provider, or his agent. I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which the Service Provider may be found."
- A physical signature of the alleged infringer.
Whom to contact about DMCA issues?
As required by the Digital Millennium Copyright Act of 1998 (17 U.S.C. 512 (c), all notifications of copyright infringement regarding websites hosted by www.yachtsmarter.co should be sent to: email@example.com
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold Yachtsmarter, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION are PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THE THIRD PARTY LICENSED YACHT CHARTER PROVIDERS FOR THE PURPOSES OF PROVIDING YACHT CHARTER SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY YACHT CHARTER PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRAVEL PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF THE CHARTER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO CHARTER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY LICENSED YACHT CHARTER PROVIDERS FOR THE PURPOSES OF PROVIDING YACHT CHARTER SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY YACHT CHARTER PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRAVEL PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE QUALITY OF THE CHARTER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO CHARTER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
These Terms and Conditions will be subject to and construed under Delaware Law and the parties at this moment submit to the exclusive jurisdiction of the Delaware courts for that purpose. If a court of competent jurisdiction concerning particular circumstances declares any provision void or unenforceable, such provision will remain in full force and effect in all other situations. If a court of competent jurisdiction declares any provision entirely void or unenforceable, all other provisions of these Terms and Conditions will remain in full force and effect.
These terms and conditions contain the entire Agreement between the App and the User relating to the information covered and supersedes any previous Agreements, between us about such matters. In agreeing to these terms and conditions, User has not relied on any representation other than those expressly stated in these terms and conditions and User agree that User will have no remedy in respect of any misrepresentation, which has not been explicitly made in this Agreement.
By providing an email address, User agrees that the App may send emails related to the App s. If User does not wish to receive general marketing emails, User may opt out by following the instructions in the message. The App may send any legal notices via email, notification of a message to a User account or regular mail. To give legal notice to the App, please send a written communication to Yachtsmarter, Inc. located at 1704 Amsterdam Avenue #4G, New York, New York 10031 or firstname.lastname@example.org