As of July 2, 2012, as may be subsequently amended
Welcome to NYYC.org, the official site of the New York Yacht Club and any and all entities that control, are controlled by, or are affiliated with the New York Yacht Club (NYYC) are collectively referred to herein as "Club" "we," "us" or "our".
USE OF MATERIALS
We or our licensors own all content and materials on NYYC.org, including, without limitation, all Registered Trademarks, trademarks, service marks, trade names, trade dress and Copyrights, photos, videos, and written content. NYYC.org is for your personal, non-commercial use only. You may not use NYYC.org for commercial purposes, or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
REGISTRATION INFORMATION AND SECURITY
If you are a user of this site, you agree to provide, maintain and update true, accurate, current and complete information about yourself as may be prompted by our user policy and procedures. We have the right to suspend or terminate your account and refuse any and all current or future use of NYYC.org (or any portion thereof) at any time for any reason. Furthermore, if you are a NYYC member, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our member policy and procedures. We have the right to suspend or terminate your member account and refuse any and all current or future use of NYYC.org (or any portion thereof) at any time for any reason. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
We may offer services where you may submit materials, such as text, photographs, and audiovisual works ("Submissions"). If you upload, email, post or otherwise send us Submissions, you grant us and our licensees non-exclusive, perpetual, transferable, worldwide, royalty free license to use such Submissions, in whole or in part, in any channel, means, or medium, for any and all purposes, without further attribution, notice or payment to you (the "Submission License"). You represent and warrant that you have the right to grant us the rights and licenses set forth in this Section 4. You hereby release the NYYC from and waive, all claims, damages, losses and liabilities resulting from the use of the Submissions, including, without limitation, any claims for defamation, moral rights or violation of your rights of privacy or publicity.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.
PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of NYYC.org that enables users of, or visitors to, NYYC.org (a) to submit, post, display and/or view Submissions and/or (b) to communicate, share or exchange Submissions with other NYYC.org members, users, visitors and the general public, including, without limitation, a page where you can submit comments on various blogs, articles and posts.
You acknowledge that anything you submit to NYYC.org by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of Submissions posted in any Public Forum is at your own risk. You further acknowledge that we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the Copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
We are not responsible for the accuracy of any Submissions contained in a Public Forum.
PRIVATE MEMBERS FORUM AND COMMUNICATIONS
The NYYC is a private club for the benefit of our members and the Club will make all reasonable commercial efforts to maintain the privacy of our members.
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through NYYC.org that:
c. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
d. is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law we may determine in our sole discretion;
e. is sexually-explicit;
f. constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
g. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
a. use any incomplete, false or inaccurate biographical or yacht information or other such information for purposes of registering as a member of NYYC.org, or for purposes of registering by a non-member as a member of the NYYC;
b. delete or revise any material or other information of any other user of NYYC.org;
c. harvest, collect, or send information about others, including e-mail addresses, without their consent;
d. take any action that imposes an unreasonable or disproportionately large load on NYYC.org infrastructure;
e. use any device, software or routine to interfere or attempt to interfere with the proper working of NYYC.org or any activity being conducted on this site;
f. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search NYYC.org to harvest or otherwise collect information from NYYC.org to be used for any commercial purpose;
g. allow any other person or entity to use your username or password for viewing content, posting or viewing comments or sending or receiving materials; or
h. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of NYYC.org.
You further agree not to violate or attempt to violate the security of NYYC.org, including, without limitation:
a. accessing data not intended for you or logging into a server or account that you are not authorized to access;
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", NYYC.org;
d. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
e. forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of NYYC.org or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We reserve the right to (1) disclose any information about you or your use of our website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request, and (2) edit, refuse to post or to remove any Submissions, in whole or in part.
We may change NYYC.org or delete content or features in any way, at any time and for any reason or no reason.
COMPLIANCE WITH LAW
We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using NYYC.org in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such Submissions and turn all or a portion thereof over to law enforcement officials. We also reserve the right to remove any Submissions in our sole discretion for any reason at any time.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that any of your work has been copied and is accessible on NYYC.org in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on NYYC.org that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the you or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Our Copyright Agent for notice of claims of copyright infringement on NYYC.org is the Club Secretary who may be reached as follows:
Office of the Secretary, New York Yacht Club, 37 West 44th Street, New York, NY 10036
We reserve the right to remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of a statement conforming with 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
CONTENT LINKED TO NYYC.ORG
SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
NYYC.org is not directed to children and we do not currently knowingly collect any personal information from children under the age of thirteen on NYYC.org. If in the future, we collect personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consent.
The information, content and materials on nyyc.Org are provided "As is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. We do not warrant that nyyc.Org will be uninterrupted or error-free, that defects will be corrected, or that nyyc.Org or the servers that make such information, content and materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of any information, content, materials, products or services contained on or offered, made available through, or otherwise related in any way to any nyyc.Org, including, without limitation, submissions, or any third party sites or services linked to from nyyc.Org in terms of their correctness, accuracy, completeness, reliability, safety or otherwise.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including, without limitation, lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, nyyc.Org or content, materials or functions thereon, or (b) the conduct or actions, whether online or offline, of any user of nyyc.Org or any other person or entity, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to nyyc.Org.
Moreover, under no circumstances shall we our licensors and licensees, or any of the foregoing entities' respective resellers, distributors, service providers and suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of us or our licensors and licensees, or any of the foregoing entities' respective resellers, distributors, service providers and suppliers.
You further acknowledge and agree that neither we, nor our licensors and licensees, nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between nyyc.Org and any web site, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to nyyc.Org in an accurate or timely manner.
JURISDICTIONAL AND VENUE ISSUES