Myharbors, LLC is a U.S. company and subject only to U.S. laws and jurisdiction, so for the moment these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are only available in English. Please read this carefully before using our site, services, or products. This is a contract between you and Myharbors.
1. Accepting the Terms of Service
Please read these Terms of Service and our Policies (collectively, the “Agreement”) carefully before using myharbors.com (the “Site”) and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Myharbors, LLC. (all of those collectively with the Site, the “Services”) (Myharbors, LLC., a Delaware Limited Liability Corporation, collectively with its agents, representatives, consultants, employees, officers, and directors, “Myharbors,” “we,” or “us”). By using or accessing the Services, you (“Member” or “you”) agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
2. Modifications to this Agreement
Myharbors reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally through the Services via a notification. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective seven days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
3. Use of the Services
No individual under the age of thirteen (13) may use the Services (based on U.S. federal and state legislation), provide any personal information to Myharbors, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with Myharbors and are not legally prohibited from using the Services.
The Services change frequently, and their form and functionality may change without prior notice to you. Myharbors retains the right to create limits related to use of the Services in its sole discretion at any time with or without notice, including moving free Services to paid Services and vice versa. Myharbors may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Myharbors may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Myharbors may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Myharbors is an ever-evolving platform. With new products, services, and features launching all the time, we need flexibility to make changes, impose limits, impose fees, and occasionally suspend or terminate certain offerings (like features that flop). We can also terminate or suspend any account at any time.
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of Myharbors and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Myharbors (and only pursuant to those terms and conditions) or unless permitted by Myharbors's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Member, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
4. Registration, Myharbors URLs, and Security
As a condition to using certain of the Services, you will be required to create an account (an “Account”) and select a password and Myharbors username, which will allow access to your Myharbors Account and the Myharbors Community. You agree to provide Myharbors with accurate, complete, and updated registration information, particularly your email address (which is used for verification and must be kept up to date).
6. Content and Member Content
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, imported, or otherwise made accessible on or through the Services; (2) the term “Member Content” means Content that a Member submits, transfers, imports, creates or otherwise provides to the Services. Content includes, without limitation, all Member Content.
Your Rights in Member Content:
Members retain ownership and/or other applicable rights in Member Content, and Myharbors and/or third parties retain ownership and/or other applicable rights in all Content other than Member Content.
When you provide Member Content to Myharbors through the Services, you grant Myharbors a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Member Content. The rights you grant in this license are for the limited purposes of allowing Myharbors to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to “creat[ing] derivative works” is not intended to give Myharbors a right to make substantive editorial changes or derivations, but does, for example, enable reblogging, which allows Myharbors Members to redistribute Member Content from one Myharbors activity, club, review, listing, forum, etc. to another in a manner that allows them to add their own text or other Content before or after your Member Content.
You also agree that this license includes the right for Myharbors to make all publicly-posted Content available to third parties selected by Myharbors, so that those third parties can syndicate and/or analyze such Content on other media and services (e.g. search engines, ad servers). Further, you agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Member Content you transfer to us (see Myharbors Copyright policies) .
Content License to You:
As a Member of the Services, Myharbors grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below). ]
You also agree that you won't violate Myharbors' Member Policies.
7. Third Party Data
Some of the Myharbors Services rely on third party data from external sources. These include the US National Weather Service, the US National Oceanic andAtmospheric Administration, Google, other international sources of weather, maps, and other data. Myharbors provides this for reference and convenience only. This data should be used with caution and checked by the Member against other sources of data, especially when considering boating activities and marine navigation. Myharbor makes no representations as to the accuracy of this information. USE THIS DATA AT YOUR OWN RISK.
8. Termination and Deletion
On termination of your Account, or upon your deletion of particular pieces of Member Content from the Services, Myharbors shall make reasonable efforts to make such Member Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Member Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Member Content may not be entirely removed (due to the nature of reblogging, for example).
9. Use of Trademarks
Any use of Myharbors' trademarks, service marks, branding, logos, and other such assets in connection with the Services shall require written approval from Myharbors, use Myharbors’ approved branding and shall be in accordance with the Myharbors Trademark Guidelines.
10. Paid Services
Some of the Services require payment of fees (the “Paid Services,” including without limitation Classified Ads and the Gear Store). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services include limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
Myharbors may, in its sole discretion, at any time, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Myharbors's sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
Myharbors may change its prices for Paid Services at any time. To the extent applicable, Myharbors may provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Some features of the Services may allow you to promote yourself to other Members, and some of these features may be Paid Services (“Promotions”).
The following additional terms apply to Promotions:
- Myharbors may remove or disable any Promotion for any reason in its sole discretion.
- Unless otherwise specified, Myharbors does not guarantee any activity that Promotions may receive, including but not limited to clicks, Likes, and Reblogs.
- Myharbors cannot control how Members interact with Promotions and is not responsible for “click fraud” or other fraudulent actions by third parties, including, without limitation, Members.
- Myharbors doesn't guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and Myharbors shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions (e.g., any errors in how Likes or clicks are counted).
- Promotions may allow targeting to some Member characteristics. Myharbors does not guarantee that any particular Promotion will reach a particular sort of individual in all cases.
- You can cancel certain Promotions at any time depending on their functionality, but you are responsible for paying for Promotions at least to the extent they have already been used or distributed through the Services.
- By submitting a Promotion, you license Myharbors to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has been completed or cancelled, but it may take up to forty eight (48) hours for a Promotion to stop being reflected on the Services.
12. Warranty Disclaimer; Services Available on an “AS IS” Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, MYHARBORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Myharbors makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Myharbors also makes no representations or warranties of any kind with respect to Content; Member Content, in particular, is provided by and is solely the responsibility of, the Members providing that Content. No advice or information, whether oral or written, obtained from Myharbors or through the Services, will create any warranty not expressly made herein.
13. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Myharbors must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Myharbors and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Myharbors (the “Myharbors Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
- Disputes between Members, including those between you and other Members.
- The acts of third parties generally (i.e., individuals or entities who are not Myharbors or a Myharbors Affiliate), including third party sites and services.
- Disputes concerning any use of or action taken using your Account by you or a third party.
- Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
- Claims relating to any face-to-face meetings in any way related to Myharbors at any venues (e.g. Clubs, Crewz, events), including without limitation claims related to the actions or omissions of any Members or third parties who organize, attend, or are otherwise involved in any Meetups; see our Crewz page for more information. Unless otherwise expressly disclosed in writing, Myharbors does not sponsor, oversee, or in any manner control any face-to-face meetings, clubs or events.
- If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYHARBORS AND THE MYHARBORS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: LIFE, PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES OR INJURIES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES OR INJURIES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR MEMBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYHARBORS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MYHARBORS AND THE MYHARBORS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
15. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Myharbors may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Myharbors may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Myharbors or any third party.
17. Choice of Law and Venue
You and Myharbors agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Myharbors otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the State of Massachusetts as they apply to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Myharbors must be resolved exclusively by a state or federal court located in Suffolk County, Massachusetts, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Suffolk County, Massachusetts for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Massachusetts, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Myharbors with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Myharbors's prior written consent. Myharbors may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Myharbors in any respect whatsoever. Any notice to Myharbors that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Myharbors, LLC., PO Box 591, Kennebunkport, Maine 04046 USA Attn: Legal Department.
19. Special Provisions for Members Located Outside of the United States
Myharbors provides Services that will be of interest to the global community for individuals to share and follow the things they love about boating. Myharbors's servers and operations are, however, located in the United States, and Myharbors's policies and procedures are based on United States law. As such, the following provisions apply specifically to Members located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Member Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of “Specially Designated Nationals,” you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services.
20. DMCA Copyright Policy
Myharbors has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of Myharbors's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. You may submit a notice under the DMCA using our copyright notice form.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on Myharbors infringes a copyright, please send a notice of copyright infringement containing the following information to the Myharbors Designated Agent at the address below:
- Identification of the work or material being infringed:
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Myharbors is capable of finding it and verifying its existence.
- Contact information for the “Notifying Party” (e.g. you), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Myharbors Member who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Myharbors will immediately notify the Member responsible for the allegedly infringing material that it has removed or disabled access to the material.
Myharbors will terminate, under appropriate circumstances, the Accounts of Members who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Member for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Myharbors by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that Myharbors has removed or to which Myharbors has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Suffolk County, Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Upon receipt of a valid counter-notification, Myharbors will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action against the identified Member relating to the allegedly infringing material. If Myharbors does not receive any such notification within ten (10) days, we may restore the material to Myharbors.
In no condition does Myharbors play any role in deciding the validity of copyright claims. This is left to the Notifying Party and Member to work out in US Federal Court or by other mutually acceptable means. Myharbors accepts no responsibility or liability for trademark or copyright violations stemming from Member-contributed materials on it's Website, apps or other services.
- Myharbors, LLC
- PO Box 591
- Kennebunkport, Maine 04046 USA
- Attn: Copyright Agent
- Email: [email protected]