Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to be bound to all terms and conditions of this agreement. If you do not agree to all terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Yacht Subito, acceptance is expressly limited to these terms. The Website is available only to persons who are at least 15 years old.
Your YachtSubito Account.If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur in the account and any other actions taken in connection with the website. You must not describe or assign keywords to your account in a misleading or unlawful manner, including trading on someone else’s behalf. Yacht Subito may change or remove any description or keyword that might be inappropriate or unlawful, or otherwise likely to cause Yacht Subito liability. You must immediately notify to Yacht Subito about any unauthorized uses of your account or any other breaches of security. Yacht Subito will not be responsible for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.If you operate a post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content, and any harm resulting from that Content, no matter if the Content is a text, graphics, an audio file, or a computer software. By making Content available, you represent and guarantee that:
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including, but not limited, the copyright, patent, trademark or secret trade rights, of any third party;
- your blog is not getting advertised via unwanted electronic messages, such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, account’s URL or name is anything but your, or your company name, not any other business/person will be involved.
- All contents must be allowed by who has the intellectual property rights, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Yacht Subito or otherwise.
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Yacht Subito for inclusion on your Website, you grant Yacht Subito a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, for the purpose of displaying, distributing and promoting your account. If you delete the Content, Yacht Subito will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Yacht Subito has the right (though not the obligation), in Yacht Subito’s sole discretion, to (i) refuse or remove any content that, in Yacht Subito’s reasonable opinion, violates any Yacht Subito policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Yacht Subito is not obliged to refund any pre-paid amount.
Payment and Renewal.
By selecting a product or service, you agree to pay Yacht Subito the one-time and/or monthly or annual subscription fees (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period, as indicated. Payments are not refundable.
Yacht Subito does not apply an automatic renewal. Before the end of the service/product, Yacht Subito will send you a Notification for the Renewal Service.
By signing up for a Service account you agree to pay Yacht Subito the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Yacht Subito reserves the right to change the payment terms and fees upon thirty (30) days prior written notice. You can cancel any service with a thirty (30) day written notice to Yacht Subito.
If your service includes access to priority email support. “ Email support” is your access to technical assistance by email at any time, to respond within one business day) with VIP Services. Your “Priority” will give you a special channel, skipping all regular or free users of the Yacht Subito services.All support will be provided in accordance with Yacht Subito standard services practices, procedures and policies.
Responsibility of Website Visitors.
Yacht Subito doesn't check, and cannot review, all the material, including computer softwares posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Yacht Subito does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Yacht Subito disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all the material, including computer software,available through the websites and webpages to which Yacht Subito links, and that link to Yacht Subito. Yacht Subito does not have any control over those non-Yacht Subito websites and webpages, and is not responsible for their contents or their use. By linking to a non-Yacht Subito website or webpage, Yacht Subito does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Yacht Subito disclaims any responsibility for any harm resulting from your use of non-Yacht Subito websites and webpages.
As Yacht Subito asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Yacht Subito violates your copyright, you are encouraged to notify Yacht Subito. Yacht Subito will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Yacht Subito By operating the Website, Yacht Subito does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. In the case of such termination, Yacht Subito will not be obliges to refund any amount, previously paid to Yacht Subito.
This Agreement does not transfer from Yacht Subito to you any Yacht Subito or third party’s intellectual property. All rights, title and interest in and to such property will remain (as between the parties) only with Yacht Subito. Yacht Subito, Yacht Subito website, the Yacht Subito logo, and all other trademarks, service marks, graphics and logos used in connection with Yacht Subito, or the Website are trademarks or registered trademarks of Yacht Subito or Yacht Subito’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Yacht Subito or third-party trademarks.
Yacht Subito reserves the right to display any kind advertisements on our website.
Yacht Subito reserves the right , at its sole discretion, change or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Yacht Subito may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Yacht Subito may terminate your access to all or part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Yacht Subito account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Yacht Subito if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Yacht Subito’s notice to you thereof; provided that, Yacht Subito can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership commissions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Yacht Subito and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Yacht Subito or its suppliers and licensors, can guarantee that the Website will be mistake free or that access to it will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Yacht Subito, or its suppliers or licensors, be responsible of any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Yacht Subito under this agreement during the twelve (12) month period, prior to the cause of action. Yacht Subito shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Yacht Subito, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Yacht Subito and you relating to the subject matter addressed in this Agreement. This Agreement may only be modified by a written amendment signed by an authorized executive of Yacht Subito, or by the posting by Yacht Subito of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Republic of Panama, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Panama, Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules. The arbitration shall take place in Panama, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Yacht Subito may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.