Terms & Conditions
1. ACCEPTANCE OF TERMS
Welcome to the Stormvogel.net (“Stormvogel”) Logbook. By accessing and using the Stormvogel Logbook, you are agreeing to be legally bound by these Terms and Conditions of use.
Stormvogel may change these Terms and Conditions from time to time, so be sure to check back periodically. Your use of the Stormvogel Logbook after any changes have been posted will constitute your agreement to the modified Terms and Conditions. You understand and agree that Stormvogel may discontinue or change the Stormvogel Logbook or the Stormvogel Logbook system at any time, without notice. You also understand and agree that Stormvogel may discontinue or restrict your use of the Stormvogel Logbook for any reason without notice and without any liability to you. In addition, when using the Stormvogel Logbook, you shall be subject to any posted guidelines or rules applicable to the Logbook, which may be posted from time to time and which are hereby incorporated by reference into these Terms and Conditions.
The blog environment displayed on the Stormvogel Logbook, including the selection, arrangement, and design (“The Application”) is the property of Stormvogel, and is protected by copyright and other intellectual property laws. The Application may be used only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the Stormvogel Logbook, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate The Application to anyone. All rights not expressly granted herein are hereby reserved.
Stormvogel does not claim ownership of the Content you (The Author) submit or make available for inclusion on the Stormvogel Logbook. The Content is considered the property of the author of such Content and therefore the liability for the opinions, accuracy and originality of submitted Content lies with the author. You agree to grant Stormvogel a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Content in any format either now known of or hereafter created, and to use your name and other identifying information you provide in connection with that Content.
If you believe in good faith that any Content infringes your copyright, you may send us a notice requesting that the material be removed, though we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to yachtstormvogel.gmail.com
You acknowledge that Stormvogel may or may not pre-screen Content, but that Stormvogel shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via The Application. Stormvogel shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Stormvogel may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Stormvogel, its users and the public.
You understand that The Application may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Stormvogel. You may not attempt to override or circumvent any of the usage rules embedded into The Application. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on The Application, in whole or in part, is strictly prohibited.
3. DISCLAIMER OF WARRANTIES AND LIABILITY
You agree that your access to, and use of, the Stormvogel Logbook and the Content available thereon is on an “as-is,” “as-available” basis. The Stormvogel Logbook include facts, views, opinions and recommendations of individuals and organizations deemed on interest, and Stormvogel does not endorse these views, opinions and recommendations. Stormvogel specifically disclaims any representations or warranties, express or implied, as to the Content, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, non-infringement, merchantability or fitness for a particular purpose. Stormvogel will not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or for contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Stormvogel Logbook and the Content. In no event will Stormvogel be liable to you or anyone else for any damages (including, without limitation, direct, consequential, special, incidental, indirect or similar damages, even if advised of the possibility of such damages.
4. LINKS TO THIRD PARTY SITES
The Stormvogel Logbook may contain hyperlinks to websites operated by persons other than Stormvogel. You agree not to hold Stormvogel responsible for the content or operation of such websites. A hyperlink from the Stormvogel Logbook to another website does not imply or mean that Stormvogel endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content at any other websites to which you might link from the Stormvogel Logbook.
5. YOUR REGISTRATION OBLIGATIONS
(a) in consideration of your use of the Stormvogel Logbook, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself upon registration and thereafter. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Stormvogel of any unauthorized use of your password or account or any other breach of security. Stormvogel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
(b) You agree to be fully responsible for your own Content. Stormvogel acts as a venue for you to Post your Content. While Stormvogel has the right to refuse to post or remove, edit or abridge any Content for any reason, it is otherwise not involved in the writing or decisions as to the Content of its users. As a result, Stormvogel has no control over the quality, accuracy or legality of the Content on the Stormvogel Logbook. All Content posted on the Stormvogel Logbook is the sole responsibility of the person from whom such Content originated. Because the Stormvogel Logbook is a venue, in the event that you have a dispute with a user of the Stormvogel Logbook, you release Stormvogel and its officers, members and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(c) You agree to indemnify and hold Stormvogel and its officers, members and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your Content, including, without limitation, any Content Posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy, or otherwise violates these Terms and Conditions.
6. MODIFICATIONS TO SERVICE
Stormvogel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Stormvogel Logbook (or any part thereof) with or without notice. You agree that Stormvogel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Stormvogel Logbook.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a Confirmation Email upon completing the Stormvogel Logbook ‘s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Stormvogel of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Stormvogel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
8. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Stormvogel, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Stormvogel Logbook. Stormvogel does not control the Content posted via the Stormvogel Logbook and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Stormvogel Logbook, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Stormvogel be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Stormvogel Logbook.
You agree to not use the Stormvogel Logbook to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Stormvogel official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Stormvogel Logbook;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Stormvogel Logbook are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Stormvogel Logbook or servers or networks connected to the Stormvogel Logbook, or disobey any requirements, procedures, policies or regulations of networks connected to the Stormvogel Logbook;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
9. NO RESALE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Stormvogel Logbook, use of the Stormvogel Logbook, or access to the Stormvogel Logbook.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Stormvogel may establish general practices and limits concerning use of the Stormvogel Logbook, including the maximum number of photos per journal, the maximum disk space that will be allotted on Stormvogel’s server on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Stormvogel Logbook in a given period of time. You agree that Stormvogel has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Stormvogel Logbook. You acknowledge that Stormvogel reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Stormvogel reserves the right to modify these general practices and limits from time to time.
You agree that Stormvogel may, under certain circumstances and without prior notice, immediately terminate your Stormvogel account, any associated email address, and access to the Stormvogel Logbook. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Stormvogel Logbook (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Stormvogel Logbook. Termination of your Stormvogel Logbook account includes (a) removal of access to all offerings within the Stormvogel Logbook, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Stormvogel Logbook. Further, you agree that all terminations for cause shall be made in Stormvogel’s sole discretion and that Stormvogel shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Stormvogel Logbook.