Off the Boat Greetings Terms of Service
Upon accessing the website: www.offtheBoatGreetings.com, (hereafter referred to as “website”) “you” or the “user” agree to the terms of service hereinafter explained. The “user” (also referred to as “you”) includes any individual or entity accessing the site for any purpose, including but not limited to personal or commercial. The website and all of its associated pages are owned and operated by Off the Boat Greetings, LLC, A Massachusetts limited liability company. By accessing the site, the User accepts, without modification the terms of service and conditions contained herein, including all operating procedures, rules, policies (including the privacy policy) that is or may be published or amended periodically on the website (collectively, the “Agreement”) Your access to the Website constitutes your assent and agreement to the Website’s terms and conditions. Please read these terms of service carefully.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS HEREIN PROVIDED, YOU MAY NOT ACCESS THE WEBSITE, OR MAKE USE OF ANY OF THE SERVICES OFFERED BY THE WEBSITE, INCLUDING, BUT NOT LIMITED TO SENDING E-CARDS AND VIEWING MATERIALS.
The website is intended solely for, and can be used only by individuals at least 18 years of age. This agreement is void where prohibited by law.
OFF THE BOAT’S RIGHTS:
Off the Boat Greetings reserves the right to alter or amend the agreement at any time for any reason by posting a notice on the Website or by notifying subscribers via email. Please check the status or this Agreement on a regular basis for updates. The User, alone, is responsible for familiarizing him or herself with any changes to the Terms of Service. User’s use of the website after any such modification and/or notification constitutes User’s acceptance to be bound by the terms and conditions of the amended Agreement. Any amendments to the Agreement are effective immediately upon Website’s editing of the Agreement and/or notification to User, whichever occurs first.
Off the Boat Greetings reserves the right to suspend, discontinue or modify the website, including any materials displayed on the website at any time for any reason. Off the Boat Greetings reserves the right to impose limits on certain features or services of the website to restrict Users’ access without notice or liability.
Off the Boat Greetings reserves the right to remove content from its website, without any notice requirement. Off the Boat Greetings reserves the right to make any commercial and/or other uses of its content, including, but not limited to its name, logo, text, images, and any other material. Off the Boat Greetings further reserves the right to protect its intellectual property, including derivative works.
USER’S RIGHTS AND RESTRICTIONS:
Users of Off the Boat Greetings have the right only to access the site for personal and entertainment purposes, and to communicate with others for personal purposes. Users are prohibited from using Off the Boat Greetings, its website, or any other service associated with Off the Boat Greetings, for commercial or unlawful purpose, including spam emails, harassment, or any other form of solicitation.
In the event that User encounters improper use of Off the Boat Greetings services or website, User agrees to report such use to info@offtheboatgreetings.com.
Prior to gaining access to offtheboatgreetings.com, User agrees to read and understand these Terms of Service and the below referenced Privacy Policy. It is the User’s responsibility to periodically check for updated terms and conditions. The changes will become effective upon the date posted by Off the Boat Greetings.
Users who access the website agree to:
(i) transmit, use, or submit, only lawful material. Users will not transmit, submit, or use for any purpose connected to Off The Boat Greetings, material that is libelous, abusive, violent, obscene, vulgar, threatening or in any other way or nature objectionable through the use of any of Off the Boat Greetings services;
(ii) not to use Off the Boat Greetings, the Website, or any content associated with Off the Boat Greetings, to send spam, junk mail, chain letters or for the purposes of solicitation, or any other unlawful purposes;
(iii) use the website lawfully and with no illegal purpose.
In the event that you have violated these Terms of Service, or otherwise suspect or are aware of a violation of these Terms of Service, you agree to immediately report said violation to us at info@offtheboatgreetings.com.
PRIVACY POLICY
Off the Boat Greetings is committed to protecting user privacy and security. To read the full privacy policy, please see http://www.offtheboatgreetings.com/privacy-policy. To report a problem related to privacy, please contact info@offtheboatgreetings.com.
USE OF EMAIL ADDRESSES
Off the Boat Greetings does not sell or otherwise make available to the public, User email addresses. User email address will only be released in order to:
- allow users to email or retrieve an e-card;
- comply with legal processes served on Off the Boat Greetings or to abide by the edicts of the law.
- protect the personal safety and privacy of users or the public; or
- to uphold and protect the property or rights of Off the Boat Greetings
Off the Boat Greetings is not and does not intend to be an anonymous email service. You may, from time to time receive communications from or on behalf of Off the Boat Greetings. To protect the Users and recipients of Off the Boat Greetings e-cards, every e-card sent includes the IP (Internet Protocol) address from which an e-card was sent. The IP address can identify the source of a message when such information is deemed necessary by Off the Boat, any agents acting on its behalf, or any legal, state or federal authorities.
LIMITATION OF LIABILITY
Off the Boat Greetings shall not be held liable for any damages that may result from the use or inability to use any of Off the Boat Greetings services whether those damages are direct, indirect, incidental, special or consequential. Furthermore, Off the Boat Greetings will not be held liable for any damages resulting from substitution of goods and/or services, or resulting from the messages obtained or received or any other transactions resulting from the use of the service or from the alteration or unauthorized use or transmission of data in any way connected to the Website. The damages referenced above include, but are not limited to damages for the loss of profits, use, data or other intangibles, whether or not Off the Boat Greetings has been informed of such potential damages.
The limitation or exclusion of incidental or inconsequential liability does not necessarily apply for all jurisdictions.
INDEMNIFICATION
User agrees to indemnify and hold Off the Boat Greetings, its agents, holding company, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Website, the violation of these terms of service by User, or any other individual using the Users’ computer of any intellectual property right or other right of any person or entity.
ADVERTISING
Off the Boat Greetings reserves the right to display advertisements on the Website. Off the Boat Greetings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any content, goods or services available through any advertiser’s website, resources or services.
RIGHTS TO SITE CONTENT
Content on the Off the Boat Greetings website is protected by U.S. Copyright law as a collective work. User’s use of the site is permitted for personal, non-commercial use only. Any text, image, software, graphic, sound, video or any other material contained on the site, in an advertisement or sent through email, may not be copied, modified, published, transmitted, transferred, sold, reproduced, downloaded, uploaded, displayed, performed or modified for use in a derivative work or in any other way exploited in whole or in part without express written permission of Off the Boat Greetings. You shall abide by all copyright notices on content throughout the site, including content to be posted at a later date, and derivative works.
User understands that Off the Boat Greetings retains the royalty fee, perpetual, irrevocable, transferable, non-exclusive, assignable right and permission to modify, replicate, publish, adapt, distribute, perform or otherwise incorporate this into Website’s other works.
By submitting content, including but not limited to text, photos, or videos, the user acknowledges that he or she owns the rights to and is able to transmit that content. Any use by Off the Boat Greetings of this content will not infringe or violate any patent, copyright, trademark, right of privacy, moral right, trade secret or any other public or private right of any other person or entity. User agrees not to contribute content that can in any way be considered hateful, obscene, vulgar, defamatory or otherwise damaging, offensive or detrimental, or may otherwise give rise to a meritorious claim on by Off the Boat Greetings, the User, or any other party, including other readers and/or recipients.
Off the Boat Greetings reserves the right to modify, delete or refuse to post user content at any time for any reason and is under no obligation to maintain confidentiality for content submitted by users. Users, however, are solely responsible for the content posted by them.
Off the Boat Greetings is not obligated to provide any payment for User content whether or not the content is used commercially by Off the Boat Greetings and will not be obligated to attribute authorship for any content submitted to Off the Boat Greetings either through the site, by email, or by any other means of transmission.
USER CONDUCT
Users are solely responsible for any data, messages or any other content transmitted through Off the Boat Greetings or any of its affiliated pages. Users agree to comply with US regulations regarding the transmission of data and to not use any Off the Boat Greetings services for unlawful transmissions or activities. User also agrees to not disrupt or otherwise interfere in the networks of the service and comply with all policies and procedures set out by the service and its networks.
Since the service offered by Off the Boat Greetings may include transmission of text, data and images, users agree to comply with Internet standards, regulations and policies as set out above, and as governed by law. Users agree to not send or otherwise transmit objectionable material of any kind, as outlined above. Users shall not inhibit the use of the service by any other individual.
TERMINATION
Off the Boat Greetings reserves the right to terminate service at any time and for any reason without liability to any user or other party for any termination of service. Off the Boat Greetings is not required to provide advance notice of such termination.
If a user does not agree with the terms and conditions outlined throughout, the user must stop using any and all services provide by Off the Boat Greetings.
OTHER
The terms of service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
User and Off the Boat Greetings agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts. This submission includes, but is not limited to, having any dispute adjudicated in accordance with the Commonwealth of Massachusetts laws, and forum to be held in the Commonwealth of Massachusetts.
If any provision(s) of these terms of service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect, without any modification.
Off the Boat Greetings failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Off the Boat Greetings in writing.
User and Off the Boat Greetings agree that any cause of action arising out of or related to the use of the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. User and Off the Boat Greetings further agree that any cause of action arising our of the Website must be communicated, in writing to info@offtheboatgreetings.com at least thirty (30) days prior to filing of said claim, in an effort to resolve it. Said writing must include the name of the complaining party, contact information, description of the facts giving rise to the alleged claim, including dates of service and parties involved, and the relief sought by the complaining party.
