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BLUE FIN BOATS: WEBSITE TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS")
CAREFULLY BEFORE USING THIS WEBSITE. USING THIS SITE INDICATES YOUR
AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, DO NOT USE THIS website OR DOWNLOAD MATERIALS FROM THIS SITE.
The Site and its Use
The Blue Fin Boats Pty. Ltd. ("Blue Fin Boats") website is
owned and provided by Blue Fin Boats from its offices in Molendinar,
Queensland, Australia. The applicable website or sites are referred
to herein as the "Site." Each Site is provided for your personal
information and non-commercial use. Please feel free to browse the Site;
however, your access to and use of the Site is subject to these Terms
and all applicable laws.
You shall use the Site for lawful purposes only. You shall
not post or transmit through the Site any information or material which
violates or infringes, in any way, the rights of others, or which is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
Nor shall you post or transmit through the Site any information or material
which encourages conduct that would constitute a criminal offense, give
rise to liability or otherwise violate any law or administrative ruling
or guidelines, is in violation of these Terms, or which, without Blue
Fin Boats prior written approval, contain advertising or any solicitation
with respect to products or services. Any conduct by you that, in Blue
Fin Boats opinion, restricts or inhibits any other user from using or
enjoying the Site will not be permitted.
The Site contains information and materials, including
but not limited to, text, software, photos, video, graphics and audio,
(collectively "Materials") which are derived in whole or in
part from information and materials supplied by Blue Fin Boats and other
sources, and are protected by international copyright, trademark and
other laws and the entire content of the Site is copyrighted as a collective
work under the Australian Copyright Laws. Blue Fin Boats owns the copyright
in the overall selection, coordination, arrangement and enhancement
of such content, and owns the rights in, or license to use, the individual
components of such content. Materials may not be copied, reproduced,
republished, modified, uploaded, posted, transmitted or distributed
in any way or decompiled, reverse engineered or disassembled, including
but not limited to the text, images, audio and/or video, as well as
any software (including but not limited to any images or files incorporated
in or generated by the software or data accompanying such software),
except that you may download one copy of the Materials on any single
computer for your personal, non-commercial use only, provided you keep
intact all copyright, trademark and other proprietary notices and make
no change in or deletion of author attribution. This limited authorization
is not a transfer of title in the Materials and by your use of the Site,
you acknowledge that you do not acquire any license, ownership or other
rights to the Materials. Modification of the Materials or use of the
Materials for any other purpose is a violation of Blue Fin Boats's or
such other sources' copyright, trademark and other proprietary rights
and may violate other laws. The use of any such Materials on any other
website or networked computer or environment is prohibited without Blue
Fin Boats's express written consent. If you breach any of these Terms,
your authorization to use the Site automatically terminates and you
must immediately destroy any downloaded or printed Materials.
Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES.
Blue Fin Boats ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF
THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE
SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY
SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE
RISK.
Blue Fin Boats ASSUMES NO RESPONSIBILITY, AND SHALL NOT
BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR
YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
Third-Party Sites
Blue Fin Boats may provide as a convenience to you, links to websites
operated by other entities and persons, but makes no representations
whatsoever about any other website which you may access through this
one. Any link to a non-Blue Fin Boats website does not mean that Blue
Fin Boats endorses or accepts any responsibility for the content, or
the use of such website. If you use these sites, you do so at your own
risk. Blue Fin Boats makes no warranty or representation regarding,
and does not sponsor or endorse, any linked websites or the information
or materials appearing thereon or any of products and services described
thereon. Furthermore, links do not imply that Blue Fin Boats is affiliated
or associated with, or that any linked site is authorized to use any
trademark, trade name, logo, or copyright of Blue Fin Boats.
Third Party Content
Any opinions, statements, services, offers or other information or content
expressed or made available in the Site by any third party are those
of the respective authors) or distributors) and not of Blue Fin Boats.
Limitation of Liability Your use and browsing of the Site is at your
risk. If you are dissatisfied with any of the Materials contained in
the Site, or with any of these Terms, your sole and exclusive remedy
is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL Blue Fin Boats, ITS SUPPLIERS
OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST
DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS
TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES
LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES
(INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE
OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEBSITES; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS;
COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT Blue Fin Boats WAS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Blue Fin Boats SHALL HAVE NO LIABILITY OR RESPONSIBILITY
FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Blue Fin Boats obligations and responsibilities regarding
its products and services are governed solely by Blue Fin Boats's terms
and conditions of sale or license under which such products and services
are sold or licensed. Copies of such terms and conditions are available
from the applicable Blue Fin Boats entity.
Information Provided By You
Accordingly, Blue Fin Boats does not want you to, and you should not,
send any confidential or proprietary information to Blue Fin Boats through
the Site unless specifically requested by Blue Fin Boats. Please note
that any unsolicited information or material sent to Blue Fin Boats
will be deemed not to be confidential or proprietary. By submitting
information and material to the Site, you automatically grant to Blue
Fin Boats (or warrant that the owner of such information and material
has expressly granted to Blue Fin Boats) a royalty-free, perpetual,
irrevocable, unrestricted, right and license to use, reproduce, display,
perform, modify, adapt, publish, translate, transmit and distribute,
or otherwise make available to other such information and material (in
whole or in part and for any purpose) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or hereafter
developed. You also agree that Blue Fin Boats is free to use any ideas,
concepts, know-how, or techniques that you send Blue Fin Boats for any
purpose.
As further provided above, Blue Fin Boats does not want
to receive, and you are deemed to covenant and agree through the use
of the Site not to provide, any information or materials to Blue Fin
Boats that are defamatory, threatening, obscene, harassing, in violation
of any law, governmental requirements or otherwise unlawful, or that
incorporate the proprietary information or materials of another person
or entity.
You shall not upload, post or otherwise make available
on the Site any information and material protected by copyright, trademark
or other proprietary right without the express written permission of
the owner of such right(s). You shall be solely liable for any damages
resulting from any infringement of copyright, proprietary rights, or
any other harm resulting from such a submission.
Changes
Blue Fin Boats reserves the right, in its sole discretion, to revise
these Terms at any time and correct any errors or omissions in any portion
of the Site and Materials. Materials may also be changed, modified,
added, or removed and updated without notice at any time; however, Blue
Fin Boats is under no obligation to update Materials. Blue Fin Boats
may also make changes in the products, services, programs, or prices
(if any) described in the Site at any time without notice. Your continued
use of the Site after any change Blue Fin Boats makes to the Site will
be considered acceptance of those changes. You should revisit these
Terms from time to time to review the then-current Terms because they
are binding on you.
Linking to Site:
Anyone linking to Blue Fin Boats Site must comply with Blue Fin Boats
guidelines for linking to Blue Fin Boats Site and all applicable laws.
International Users
The Site is administered by Blue Fin Boats from its offices in Australia.
Materials published at the Site may refer to products, programs, or
services that are not available in your country. Consult your local
Blue Fin Boats business contact in this regard. Furthermore, Blue Fin
Boats makes no representation that the Materials at the Site are appropriate
or available for use at other locations outside of Australia and access
to them from territories where there contents are illegal is prohibited.
You may not use the Site or export information and materials in violation
of the export laws of Australia or any other country. If you access
the Site from a location outside of Australia, you are responsible for
compliance with all applicable laws.
Governing Law
These Terms shall be governed by the laws of Australia, without giving
effect to any principles of conflicts of law. If any provision of this
Agreement and Terms shall be unlawful, void, or for any reason unenforceable
then that provision shall be severable from these Terms and shall not
affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between Blue
Fin Boats and you with respect to your use of the Site. Any cause of
action you may have with respect to your use of the Site must be commenced
within six (6) months after the claim or cause of action arises.
Privacy:
Overview
Blue Fin Boats is aware of the need to address Internet privacy issues
and we believe you should be aware of how we intend to treat any information
about you that we might receive on the Internet as a result of your
visit to the Site.
Information About Blue Fin Boats On-line Visitors
You can visit Blue Fin Boats on the Site without telling us who you
are or revealing any information about yourself. In general, we gather
information about users of the Site collectively in order to determine,
for example, which areas users access more frequently and which Materials
users access the most. This information helps us to determine what is
most beneficial for our users, and how we can continually create a better
overall experience for our users by improving the content of the Site.
There are times however, when we may need information
from you, such as your name and address. Customarily, the personal information
Blue Fin Boats obtains is used only to respond to inquiries, to process
orders, product registration or to allow the user to access specific
account information. We may also ask you to voluntarily provide us with
information for market research such as, your interests, demographics,
and experience with our products.
Website Links
Blue Fin Boats Site may contain links to other websites such as Blue
Fin Boats customers and partners. While Blue Fin Boats tries to link
only to sites that share its high standards and respect for privacy,
Blue Fin Boats cannot take responsibility for the content or the privacy
practices employed by other sites.
Changes
If at anytime Blue Fin Boats changes its privacy commitment, Blue Fin
Boats will post those changes here so that you will know what information
Blue Fin Boats gathers and how Blue Fin Boats might use that information.
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