TERMS AND CONDITION OF USE
Ocean Surfari Charters, LLC, a United States Virgin Islands limited liability company and Ocean Surfari Charters Ltd., a British Virgin Islands business company, (collectively “Ocean Surfari”) Website Terms and Conditions of Use, effective as of September 4, 2014.
Welcome to oceansurfari.com (the “Website”). Ocean Surfari provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISCLAIMERS.
The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Ocean Surfari intends to make such products or services available in such countries.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Ocean Surfari, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Ocean Surfari, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Ocean Surfari, its affiliates, or its software suppliers and is protected by United States and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning an interest in, or under common ownership with, Ocean Surfari, or any entity or person in which Ocean Surfari directly or indirectly, owns an interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Ocean Surfari.
Ocean Surfari or one of its affiliates is the owner of the registered or unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
- Ocean Surfari™
- Ocean Surfari logo™
- Ocean Surfari and logo™
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Ocean Surfari or its affiliates may not be used in connection with any business, product, or service whose source is not Ocean Surfari or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Ocean Surfari or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Ocean Surfari or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ocean Surfari or its affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Ocean Surfari or its affiliates displayed or contained in the Website without the express, written consent of Ocean Surfari or its affiliates.
LICENSE AND SITE ACCESS
Ocean Surfari grants you a nonexclusive, nontransferable, limited right to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Ocean Surfari.
This right does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Ocean Surfari. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Ocean Surfari or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Ocean Surfari’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Ocean Surfari. Any unauthorized use terminates the permission or license granted by Ocean Surfari.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Ocean Surfari and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Visitors may not send communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do submit material, and unless we indicate otherwise, you grant Ocean Surfari and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Ocean Surfari and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Ocean Surfari, its related entities and its affiliates for all claims resulting from content you supply.
Ocean Surfari and its affiliates attempt to be as accurate as possible. However, Ocean Surfari does not warrant that service or product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided by Ocean Surfari on an “as is” and “as available” basis. Ocean Surfari makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, Ocean Surfari disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ocean Surfari does not warrant that the Website, its servers, or e-mail sent from Ocean Surfari are free of viruses or other harmful components. Ocean Surfari will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to hold harmless and indemnify Ocean Surfari and its affiliates, members, managers, officers, agents and employees from any claim, suit, or action arising from or related to the use of the Website or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
The Website was developed in the U.S. Virgin Islands in accordance with and shall be governed by the laws thereof. By visiting the Website, you agree that the laws of the U.S. Virgin Islands, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Ocean Surfari or its affiliates.
SITE POLICIES, MODIFICATION, AND SEVERABILITY