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Terms of use (Last updated January 2009)
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BY VISITING THE BYACHT.COM WEBSITE YOU ARE AGREEING TO COMPLY WITH OUR “TERMS OF USE” AS DESCRIBED BELOW.
- Intellectual Rights
It is strictly forbidden to modify, copy, or send all or parts of byacht.com website for commercial use in any forms and/or by any means.
Any commercial use of the byacht.com website and/or all or parts of its contents including and without limitations : texts, photos, logos, and domain names, will be considered a breach of the International Laws for Copyrights, Trademarks, Patents, and Unfair Competition.
The company Bourniquel Yachts will use all legal procedures to enforce its intellectual property and other legal rights to the fullest extent of the law, and will seek injuctive relief, attorney’s fees and criminal prosecution.
- Contents
The content of the byacht.com website may include inaccuracies, outdated information, defects, omissions and/or other errors. Especially datas such as texts, photos or other documents may contain errors.
The company Bourniquel Yachts can not guarantee the accuracy and/or completeness of the information available on its byacht.com website. It is your responsibility to verify the accuracy and/or completeness of such information.
These inforrmation are provided in good faith but Bourniquel Yachts does NOT take any responsibility for its content. by using our website, you accept to use and rely upon its content at your own risks.
THE COMPANY BOURNIQUEL YACHTS DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES WITH REGARDS TO THE ACCURACY, RELIABILITY, UPDATE, AVAILABILITY, OR OTHER INFORMATION MADE AVAILABLE ON THE BYACHT.COM WEBSITE.
The company Bourniquel Yachts reserves rights to modify the information displayed on its byacht.com website but assumes no obligation to modify or update such information.
Any content and/or other materials downloaded or otherwise obtained through the use of the byacht.com website is done so at your own risks. You will be solely responsible for any damage to your computer systems or loss of data which results from the download of any such materials.
- Restrictions of use
Each visitor of the byacht.com website agrees not to use the site or its contents in a mean to :
- Publish contents and/or information protected by an exclusive agreement of which you do not have rights to publish ;
- Publish contents and/or information breaching intellectual property, confidentiality or advertising rights of other parties ;
- Publish contents and/or information that you know is false or misleading ;
- Pass on any content containing any type of virus or Trojan horse or other computer files or programs designed to disrupt, corrupt, destruct or limit the functionality of any computer software or hardware, or disrupt the byacht.com website or any servers or networks connected to this website ;
- Pass on any content containing any type of worm, trap door or back door which could allow unauthorized access to the byacht.com website, software or hardware, Information Technology, byacht.com network, or could erase database or programming ;
- Do any commercial activity or to make it benefits any competitors ;
- Impersonate another person, including a Bourniquel Yachts representative.
- Confidentiality
The company Bourniquel Yachts is not responsible for any damage that you may cause or incur as a result of using the byacht.com website, or for disclosure of information resulting of your use of byacht.com website. Please read our "Privacy statement" for additional information regarding the use and disclosure of the information provided by the user of the byacht.com website.
- Limitation of liability
IN NO WAY WILL THE COMPANY BOURNIQUEL YACHTS, ITS EXECUTIVES, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS ACCEPT LIABILITY TO ANY PARTY FOR ANY DIRECT OR INDIRECT, ECONOMIC, PUNITIVE, OR SPECIAL DAMAGES, RESULTING FROM LOSS OF GOODWILL OR LOSS OF PROFITS DUE OR LINKED TO THE USE OF ITS WEBSITE, OR CONFIDENCE UPON IT, INCLUDING AND WITHOUT LIMITATION ANY LIABILITY DUE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER STATUTORY RIGHTS, CONTRACTUAL AND/OR TORT LIABILITY, EVEN IF THE COMPANY BOURNIQUEL YACHTS HAS BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE TERM "DAMAGES" INCLUDES, AND WITHOUT LIMITATION : LOSS OF PROFITS, BUSINESS INTERRUPTION, LAWYER FEES, LOSS OF PROGRAMS OR OTHER DATAS ON INFORMATION PROCESSING SYSTEM. THE COMPANY BOURNIQUEL YACHTS EXPRESSLY DECLINES ANY LIABILITY RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY OR ANY OTHER AREA OF LAW RESULTING FROM THE USE OR INFORMATION AVAILABILITY OR INTELLECTUAL PROPERTY OR STATEMENTS OR OPINIONS POSTED ON THE WEBSITE OF A THIRD-PARTY.
- Compensation
You agree to exempt from responsability and to compensate the company Bourniquel Yachts, its executives, employees, sub-contractors, suppliers, agents, affiliates, successors or assigns, against all claims :
- Resulting from any information you have made public, downloaded, or provided to the byacht.com website ;
- Resulting from false information, omission, negligence , or willful misconduct made by you or a third party, or that you have provided to byacht.com website or any third party ;
- Requested by a third party due to the use of byacht.com website and/or its content by you ;
- Resulting from a decision or transaction made regarding byacht.com website or content.
- Links with other Websites
The byacht.com website is linked with other websites that are completely independent. The company Bourniquel Yachts does not guarantee the content, ownership or legality of any websites linked with byacht.com website. In NO way should any link with another website mean that the company Bourniquel Yachts is confident of that website, nor its products or services it describes thereon or the veracity of its content.
Users of byacht.com website must be aware that such linked websites may have privacy statements and/or terms of use of their own which might differ from those of byacht.com.
- Dispute
By using byacht.com website, you accept and agree that our website shall be governed by the French laws. In case of dispute arising out of this contract, it will be referred to the Court of Nice, in France, which has exclusive competence for arbitration.
- Copyright
All content, domain names, texts, photos, and logos, published on the byacht.com website are trading names of the company Bourniquel Yachts. You can not use any of these without prior authorization and written consent by the company Bourniquel Yachts.
Copyright ©2008 Bourniquel Yachts. All rights reserved.
byacht.com website is the property of the company Bourniquel Yachts.
We reserve all rights to change and amend our “Terms of Use” without prior notice.
You are responsible for keeping yourself informed from any changes by reading our “Terms of Use” before using byacht.com website.
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