Content Terms

Content and Layout

All Content and copy edits submitted by Owners are subject to review and approval at BoatBooker's sole discretion. We reserve the right to refuse to publish any Content that we determine, at our sole discretion, does not comply with the Terms or i s otherwise unacceptable to us . However, we assume no duty to review the Content and we will not accept any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content, and/or photographs, or any change made to any Content, photograph, or copy submitted by any Owner. All Content must meet these Terms. We reserve the right to edit Content submitted to comply with these Terms, Platform Rules and Guidelines , and established content quality standards or formatting requirements.

By posting any content on the BoatBooker platform, you consent that some parts of your account, such as the Captain's biography, listing and trip description, boat description, pick-up location, and other information may be edited by BoatBooker in order to enhance the presentation and quality of the content to Customers, to edit the information to reflect the reality based on the credentials prior provided by the Owner, or for any other reason related to the quality and accuracy of the displayed content.

Owners are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Owner intended.

BoatBooker does not accept any references to the Owner's personal website or contact details, and reserves the right to remove any such references. In case of infringement of this policy, BoatBooker reserves the right to block an Owner 's use of the site.

Posting any Content that BoatBooker deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity, and privacy. BoatBooker reserves the right to remove Content at its sole discretion.

License

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, BoatBooker, Inc. and its successors, licensees, and assigns are granted all rights to an Owner’s Content, including rights for commercial use of an Owner’s name, image, likeness, or any other identifiable aspect of identity. By listing and posting Content, Owners grant BoatBooker, Inc. an irrevocable, sub-licensable, transferrable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, alter, translate, distribute, publicly perform, publicly display, make derivative works of, and list information regarding all Content and technology now known or developed in the future for BoatBookers and its successors' and affiliates’ business.

Each User of the Service is hereby granted a non-exclusive license to access an Owner’s Content through the Service and to use, reproduce, distribute, display, and perform such Content as permitted through the use of BoatBooker’s Service. By listing and posting Content, an Owner waives any rights to royalties or other compensation arising from or related to the use of the Owner’s Content. There is no time limit on the validity of the release nor is there any geographic limitation on where the Owner’s Content may be distributed. By agreeing to the BoatBooker Terms of Use, an Owner acknowledges that they have completely read and fully understand the release and agree to be bound thereby and that agreement will be binding upon their heirs, legal representatives and assignees.

By receiving verified renter eviews or providing BoatBooker-produced testimonials, Users grant BoatBooker, Inc. an irrevocable, sub-licensable, transferrable, perpetual, exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, alter, translate, distribute, publicly perform or display , and make derivative works of all reviews, testimonials, and technology now known or developed in the future for BoatBooker’s and its successors' and affiliates’ business. For any further use of reviews and testimonials outside of the BoatBooker platform, Owners, Customers, or any other third party needs to receive direct consent from BoatBooker.

Photographs/Videos

If you choose to use BoatBooker's photography/video service, you agree that BoatBooker will own all rights, titles, and interests in and to the copyright rights in the resulting images.

Video Disclaimer

BoatBooker ’s mission is to bring Owners and Renters from all around the world closer together. BoatBooker has undertaken a project to create videos for Owners who list on our platform. Due to the number of Owners that are listed and continue to list, it is a process that will take time and effort. Owners are filmed in an order defined by objective terms that include but are not limited to the number of successful bookings, renter reviews, accessibility of Owner’ s location, time spent on the BoatBooker platform, etc. BoatBooker does not give any material on non-material goods to Owners for creating videos, nor does it receive them from Owners in exchange. By creating videos, BoatBooker does not endorse any Owner , Renter, or listing.

Videos created by BoatBooker are offered to the public for information and entertainment purposes only. BoatBooker uses its best efforts in producing these videos but does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of videos. Owners are required by this Agreement to provide accurate information. However, BoatBooker does not guarantee results nor make warranties as to their success or safety. Any risk remains solely with the User and how they interpret the video information.

The information contained in these videos is strictly for entertainment and informational purposes. Therefore, if you wish to apply concepts or ideas contained in these videos, you take full responsibility for your actions. BoatBooker will not, in any event, be held liable to any party for any direct, indirect, implied, punitive, special, incidental, or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, without warranties.

As in all cases, viewers should never take any information perceived from these or any other videos at face value and should always do their own due diligence on any viewed material to form their own opinions and best judgments. Where applicable, the advice of a competent legal, tax, accounting, or other professional should be always sought before taking action of any kind.

These videos are copyrighted by BoatBooker with ALL rights reserved. No part of this may be copied or changed in any format, sold, nor used in any way other than as outlined within this Agreement under any circumstances without express permission from BoatBooker.

Copyright Infringement

BoatBooker respects the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, BoatBooker has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the law. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible in this Platform, please notify BoatBooker at [email protected].

For your complaint to be valid under the DMCA, you must provide the following information in writing:

Your full name and the physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
Identify the copyrighted work that you believe is being infringed or, if multiple copyrighted works are covered by the notice, a representative list of such works;
Identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that BoatBooker can find it (such as the item's URL) ;
Your contact information so that BoatBooker representatives can contact you (such as an address, telephone number, or email);
A statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by BoatBooker; and
A statement that the information you provide in your notice is accurate and that, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.

BoatBooker does not allow copyright-infringing activities on the platform. Should BoatBooker receive a takedown notice in accordance with the above steps, we will notify the alleged infringer that you have claimed ownership of the rights of this content and that we have complied with your takedown notice for the content.

Renter Review Rules

You may submit your reviews, contributions, and boating experiences.

By submitting reviews and contributions, you grant BoatBooker a non-exclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world via any media.

By submitting your review, you represent and warrant that:

You own or control the content of your review and it is your own original work. Reviews should be genuine experiences and content should be relevant and helpful to other Renters and Customers of the website;
The content is not defamatory and does not infringe on any applicable content laws – this means you should not submit reviews that contain words, language, or content that is or may be considered unlawful, defamatory, libelous, abusive, racially or sexually offensive, or obscene;
Your review does not contain any harmful content, including without limitation, viruses, worms, Trojan horses or other computer programs that may damage or affect any system or data;
Your review does not contain questions or comments aimed at other Renters, Customers or Owners or our staff and/or representatives;
You will indemnify and hold harmless us and all our affiliates for all damages, costs, and expenses incurred for breach of these warranties.

We reserve the right not to publish reviews, to amend the content of reviews at any time, and to remove reviews from this Website without notice after publication at our sole discretion.

Publication of these reviews and their content does not signify that we agree with the views and content given.

If you are offended by any content of a review or become aware of any postings that are in any way defamatory or in breach of the Terms of Use and/or Rules, please let us know by contacting our Customer Service team at [email protected] , and we will endeavor to remove any offending material.

Please read this Review Policy, in our Platform Rules and Guidelines , as it constitutes an integral part of these Terms.

By submitting a verified review on BoatBooker’s platform, you grant an exclusive right to BoatBooker. All Renter reviews written by BoatBooker Users will be copyrighted by BoatBooker with all rights reserved. No part of the reviews may be copied, changed in any format, sold, or used in any way other than what is outlined within this agreement under any circumstances without express permission from BoatBooker.

Testimonials

By agreeing to the Terms of Service, we may post your testimonial or reviews on the Services along with your full name. If you want your testimonial removed, please contact us via [email protected] .

In accordance with FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials appearing on this site are actually received via text, audio, or video submission. They are individual experiences reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. BoatBooker is not responsible for any of the opinions or comments posted to our site. BoatBooker is not a forum for testimonials, however, it provides testimonials as a means for users to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by the BoatBooker team. The opinions, views, or commentary of any testimonials on this site are strictly the views of the reviewer and do not reflect the views of BoatBooker or any of its employees or affiliates.

Testimonial Submissions

As a consumer/user of BoatBooker products and/or services, by submitting your testimonial, you give us permission to reprint, reproduce, or use the testimonial in connection with our business. You also agree to the following:

The reprint, reproduction, or use of the testimonial will be at our discretion and without compensation.
We may use the testimonial with or without any pseudo (pen) name credit.
Our right to use the testimonial is perpetual and may be assigned by us.
We may use the testimonial locally, nationally, or globally, and such use may be made in any media, information, or communication platform (including internet advertising) currently in use or later developed.
You and not someone else composed, submitted, and posted the testimonial. By submitting your testimonial, you agree to the terms and conditions as listed in this document.

Should BoatBooker use any of the testimonials in its advertising activities, these testimonials are for the sole purpose of BoatBooker’s service promotion and do not constitute an endorsement of any User.

Comments and Views Expressed Disclaimer

All opinions and comments should contribute to dialog. BoatBooker does not condone any form of harassment, written attacks, insults, vulgarity, or indecency whether perpetrated in writing or the transmission of images. Owners agree not to do any of the following:

upload to or transmit, using BoatBooker pages, any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or maybe, protected by copyright, without permission from the copyright owner;
use BoatBooker pages to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
misrepresent an affiliation with any person or organization;
upload to or transmit any advertisements or solicitations of business on BoatBooker pages;
upload or otherwise transmit files that contain a virus or corrupted data;
collect information about others (including email addresses) without their consent;
upload files or photos, or include in a comment links that Users know, or have reason to believe, cannot be distributed legally using BoatBooker page or that Users have an obligation to keep confidential;
engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the BoatBooker platform, or which may harm BoatBooker or visitors to BoatBooker, or expose them to liability.

BoatBooker reserves the right, but does not assume any responsibility, to edit or delete any material it deems inappropriate for the BoatBooker platform and its visitors, and can terminate any User's ability to access the BoatBooker platform. However, BoatBooker can neither review all material that is posted on its pages nor ensure prompt removal of objectionable material. Accordingly, BoatBooker assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. BoatBooker has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

A User's failure to comply with these guidelines may result in the termination of their access to the BoatBooker platform. Under no circumstances will BoatBooker be responsible or liable in any way for any content, including but not limited to, any errors or omissions in the content or for any loss or damage of any kind incurred as a result of any content communicated on the BoatBooker platform, whether by a User or a third party. In no event will the User be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits arising out of or in connection with the availability, use, or performance of any information communicated on the BoatBooker platform.

BoatBooker is not responsible for any inaccuracy or incompleteness in the information provided by Owners. It is the Owner's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain(s), legal requirements, identification requirements for renters, insurance, etc). If an Owner discovers that their listing details are inaccurate or incorrect, it is the Owner's sole responsibility to correct the information in the Owner account interface or contact a BoatBooker representative to resolve any such error.

BoatBooker may, without notice to Users, suspend or cancel a User's account at any time without receiving notice from them or giving notice to them if we suspect, at our sole discretion, that their account with BoatBooker or their email account is being used in an unauthorized or fraudulent manner. Please look at our Content Terms for more detailed information.

Widgets

By adding BoatBooker Widgets ("Widget(s)") to your website, you agree to be bound by the BoatBooker Terms of Use.

BoatBooker grants you a personal, non-exclusive license to download, install, and run Widgets on your website in a manner consistent with applicable law and with the BoatBooker Terms of Use (including, without limitation, all disclaimers and limitations of liability set forth therein) . You acknowledge that BoatBooker or its licensors own all rights, titles, and interest in and to the Widget and to any and all portions thereof, including without limitation and all patent, copyright, trademark, trade secret, and other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, one or hereafter in force and effect worldwide.

You agree not to modify, reverse engineer, or decompile Widgets, or remove or modify any attribution, promotional text, branding, or links provided by BoatBooker with or in a Widget code. You agree not to syndicate or otherwise distribute Widgets to any third party.

The Widget is provided "as is" with all faults. BoatBooker is not responsible for:

Any content, accuracy, or performance of any Widget
Any express or implied warranties of a Widget
Any third party content which may be delivered through a Widget
Any liability of any nature relating to such third party content

Additional provisions:

BoatBooker may change its technical processes for serving content and/or responding to Widgets, or otherwise modify a Widget at its sole discretion.
BoatBooker may cease to deliver content or otherwise support a Widget if the Widget violates applicable law or the rights of any third party, or for any other reason or no reason at all, in each case at BoatBooker’s sole discretion.
Owners agree that they will remove a Widget from their website if they become aware that it violates copyright or any other applicable law, or if BoatBooker notifies Owners in writing that they should do so.
By providing a Widget, BoatBooker does not endorse or otherwise affiliate itself with an Owner’s website.
Except as may be incidentally implied by the basic operation of the Widget itself (e.g. through any BoatBooker branding or links displayed by operation of the Widget), an Owner may not display a Widget in a way that implies such an endorsement or affiliation.

You may not display a Widget on a website containing content that is pornographic, that promotes or incites hatred or violence, that invades personal rights including rights of privacy, that violates any law including intellectual property laws, or that interferes with the functioning of other websites. In the event of a legal claim arising against BoatBooker from your use of the Widget, you agree to indemnify BoatBooker for all liability and expenses incurred as a result of that claim.

BoatBooker may modify or terminate this contract and your use of any Widget at any time at its sole discretion.

Weather Widget Disclaimer

General - The information provided by BoatBooker is distributed in the hope that it will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose.
Tide variations - Unofficial tide variations and tide predictions for secondary ports which are calculated using average time differences should not be used for navigation.
Emergency situations - Information provided by BoatBooker must not be used in emergency situations. In emergencies, please refer to your official local government forecasting agency.
The nature of weather - It is important to remember that weather is unpredictable. Weather forecasting is not an exact science, and weather observations can contain errors, omissions, or loss of data.
System failures and technical glitches - It is also important to remember that system failures and technical glitches can occur that may result in errors, omissions, loss of data, or notification failures. These include (but are not limited to) server failure, software logical errors, power outages, and anything else that results in BoatBooker system failures.
Liability indemnity - As a result of the nature of weather and the existence of system failures and technical glitches, BoatBooker does not accept responsibility for any direct or indirect loss or damage, whatever the cause (even by negligence), as a result of the use of information displayed on BoatBooker or provided by BoatBooker, or if BoatBooker is unavailable. This may also include information provided to BoatBooker by external websites.

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