Boatshed website Terms & Conditions
Boatshed Inc, a company incorporated in Gibraltar, with Boatshed.com Ltd, a company incorporated in the UK, Boatshed International Ltd, a company incorporated in Guernsey and NMK Media Ltd, a company incorporated in Guernsey (together the "Boatshed Group") has established and operates this website with its licensees (the "Site") subject to the terms and conditions set out below ("Terms and Conditions"). By accessing and continuing to use the Site, you accept these Terms and Conditions, as follows:
1. You understand, acknowledge and accept that each Boatshed business and office is (a) an independent person or legal entity separate from (i) the Boatshed Group and (ii) each other Boatshed business and office (b) is independently owned, controlled, managed and operated (c) is a licensee operating under licence from Boatshed Inc (“Licensee”) (d) is not an agent for the Boatshed Group or other individual Boatshed businesses or offices and (e) is solely responsible for its own obligations, acts and omissions.
2. You understand, acknowledge and accept that the Boatshed Group is not party to any contract to buy or sell a boat appearing on the Site, is not a party to your contract or agreement with a Licensee or a brokers and has no control of, or responsibility for, a Licensee operated client account.
3. Boatshed websites may include inaccuracies, outdated information, defects, omissions and/or other errors. The Boatshed Group and the Licensees do not make any warranties or guarantees regarding the accuracy, reliability or correctness of any information on Boatshed websites. The Boatshed Group and the Licensees reserve the right to modify or update any information on Boatshed websites, but undertake no obligation to do so. Any users of Boatshed websites should not rely upon opinions expressed at the websites when making business, financial, personal or any other decisions. Your use of, or reliance upon, any website content, including content generated by a Licensee or third parties, and other information made available on any Boatshed website, is at your sole risk.
4. In no event shall the Boatshed Group, its directors, officers, employees and/or their successors in title be liable for any direct or indirect loss or damage whatsoever arising out of, or connected to, any conduct by a Licensee or a third party, or in connection with the use of or reliance upon any Boatshed websites (including, without limitation, any liability arising from theft, breach of contract or negligence).
5. The Boatshed Group and the Licensees will not be liable for any damage howsoever caused including, but not limited to any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Boatshed Group and its Licensees will not be liable for any damages or injury that results from the use of, or the inability to use, the material in this Site, howsoever caused.
6. The materials contained in or displayed on this Site and Boatshed websites are provided 'as is' and without warranties or representations of any kind either expressed or implied. The Boatshed Group and the Licensees disclaim all warranties of satisfactory quality and fitness for a particular purpose. The Boatshed Group and the Licensees do not warrant that the functions contained in the materials will be uninterrupted or error-free.
7. The Boatshed Group, the Licensees and any other party involved in producing or delivering the Site and Boatshed websites assume no responsibility, and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Site, or of your downloading of any materials, data, text, images, videos or audio from the Site.
8. You agree to indemnify, defend and hold harmless the Boatshed Group and the Licensees from and against any and all claims, demands, loss of funds and liability arising out of, or in connection with your use of or reliance upon the Site or any Boatshed website.
9. Any exclusion or restriction of liability contained in these Terms and Conditions shall apply only to the fullest extent permitted by English law.
10. The Site and content is copyright Boatshed 1998 – 2012. The Site and the content, functionality and design of the Site is protected in the UK and elsewhere in the world by copyrights, trade marks, designs and/or design rights and other intellectual property rights or either, being owned by the Boatshed Group, its Licensees or certain selected companies. None of the Site, the Site content, the Site functionality or the Site design, nor any part of any of each, may be used in any manner whatsoever, except either as provided for in these Terms and Conditions or in the text on the Site or within the strict terms of the written permission of Boatshed Inc obtained for the proposed use in advance of such use (and in respect of which the Boatshed Group neither warrants nor represents that your proposed use will not infringe any third party rights).
11. The trade marks and logos displayed on the Site, including the word 'Boatshed' (the "Trade Marks") include the registered and unregistered trade marks of Boatshed Inc, Licensees and other businesses. Nothing in these Terms and Conditions on the Site may be construed as granting any licence or right to use any of the Trade Marks without the prior written permission of Boatshed Inc or other proprietors of the Trade Marks. Any use of the Trade Marks or any other content on the Site except as provided in these Terms and Conditions is strictly prohibited.
12. You may, subject to paragraph 13, download copies of the materials contained in or displayed on the Site and print off pages of the Site for personal use only provided that (a) you do not remove or alter any copyright and other proprietary notices contained on the materials and (b) all use is for lawful purposes only. Neither the content of the Site nor any part of it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Boatshed Inc's prior written permission. Any copy of the contents of this site or portion thereof must include a copyright notice in its entirety.
13. If you download any software from the Site, the software, including all files, images, contained in or generated by the software and accompanying data (together the "Software") are deemed to be licensed to you by Boatshed Inc. Neither title nor any intellectual property rights are transferred to you, but remain with Boatshed Inc. You may not resell, decompile, reverse engineer, disassemble or otherwise convert the Software to a human perceivable form. Either of us may terminate the licence at any time immediately with or without notice and on such termination you must destroy all materials including (but not limited to) the Software obtained from the Site and all copies.
15. The Boatshed Group has not reviewed any sites linked to the Site and is not responsible for and does not endorse the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is entirely at your own risk.
16. The Boatshed Group controls and operates this site from its UK head office. All communications regarding this web-site should be addressed to Boatshed Inc, C/O The Engine House, Royal Clarence Yard, Weevil lane, Gosport, Hants. PO12 1AX. UK.
17. You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Site. To the extent that this Site or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing this Site or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms and Conditions.
18. All information given in this Site applies to the Boatshed Group and Licensees only and is correct at the time of publication, but is subject to change without notice. It is not intended to give rise to any legally binding obligation and may not be considered to make any representation on any matter.
19. Any use of the Site shall be subject to English law and any dispute arising from such use or otherwise in connection with the Site shall be subject to the exclusive jurisdiction of the High Court of Justice in London, England.
20. The Contracts (Rights of Third Parties) Act 1999 is hereby excluded.