This Internet Website Use Agreement is between you and SKYLINE BOATS SL.
Your use of SKYLINE BOATS SL Internet Website skylinebcn.com is subject to the following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Use of skylinebcn.com signifies your unconditional agreement to the terms and conditions of this Agreement. If you do not agree to these terms and conditions of use, do not access or otherwise use this Website.
(2) SKYLINE BOATS SL may gather, process and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of skylinebcn.com for any lawful reason or purpose.
(3) SKYLINE BOATS SL reserves the right, at its sole discretion, from time to time to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on skylinebcn.com.
(4) skylinebcn.com, including the information, artwork, text, videos, graphics, images, pictures, audio and other materials (collectively known as the “Content”) contained thereon, is protected by one or more copyrights pursuant to U.S. copyright laws, international conventions and other intellectual property laws. You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on skylinebcn.com. You may download and make copies of the Content and other downloadable items displayed on this Website, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content on skylinebcn.com for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission from SKYLINE BOATS SL. All rights to SKYLINE BOATS SL’s copyrighted materials not expressly granted herein are reserved by SKYLINE BOATS SL.
(5) SKYLINE BOATS SL, at its sole discretion, may change, suspend or discontinue any aspect of skylinebcn.com at any time, including the availability of any Web Site feature, database or Content. SKYLINE BOATS SL may also impose limits on certain features and services or restrict your access to parts or all of skylinebcn.com without notice or liability.
(6) You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through skylinebcn.com any materials which: (i) restrict or inhibit any other user from using and enjoying skylinebcn.com; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful or destructive elements; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and hold harmless SKYLINE BOATS SL, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. SKYLINE BOATS SL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SKYLINE BOATS SL.
(8) skylinebcn.com may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by parties other than SKYLINE BOATS SL. Links to and from skylinebcn.com to such third party sites do not imply or constitute an endorsement by SKYLINE BOATS SL of any third party material or contents and SKYLINE BOATS SL does not assume any responsibility or liability for said third party materials or contents.
(9) SKYLINE BOATS SL does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through skylinebcn.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. SKYLINE BOATS SL reserves the right, in its sole discretion, to correct any errors or omissions in any portion of skylinebcn.com.
(10) SKYLINE BOATS SL reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in SKYLINE BOATS SL’s sole discretion are objectionable or in violation of this Agreement.
(11) SKYLINE BOATS SL WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH skylinebcn.com, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SKYLINE BOATS SL MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON skylinebcn.com OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH skylinebcn.com, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEBSITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH skylinebcn.com OR ANY LINKED SITE. FURTHER, SKYLINE BOATS SL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKYLINE BOATS SL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN skylinebcn.com OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT SKYLINE BOATS SL WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKYLINE BOATS SL SHALL NOT BE LIABLE FOR THE USE OF skylinebcn.com, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SKYLINE BOATS SL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO skylinebcn.com OR FOR ANY INFORMATION OBTAINED THROUGH skylinebcn.com, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SKYLINE BOATS SL OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION MAY NOT APPLY TO YOU.
(12) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to skylinebcn.com, you hereby grant to SKYLINE BOATS SL a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against SKYLINE BOATS SL for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications.
(13) You acknowledge that Communications involving skylinebcn.com are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to SKYLINE BOATS SL, no confidential, fiduciary, contractually implied or other relationship is created between you and SKYLINE BOATS SL other than pursuant to this Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF OHIO.
(15) SKYLINE BOATS SL has a long standing policy that does not allow it to accept or consider creative ideas, suggestions or materials other than those which have been specifically requested or otherwise affirmatively solicited by SKYLINE BOATS SL in writing. It is the intent of this policy to avoid possible misunderstandings as to the ownership of creative ideas, concepts, suggestions or materials. If you send any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively known as the “Information”) to SKYLINE BOATS SL in printed form, electronic means or otherwise, the Information shall be deemed to be the property of SKYLINE BOATS SL and shall not be subject to any obligations of confidence, non-disclosure or non-usage. SKYLINE BOATS SL is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information on a worldwide basis without compensation to the provider of the Information.
(16) This Agreement constitutes the entire agreement between SKYLINE BOATS SL and you with respect to your use of and access to skylinebcn.com. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SKYLINE BOATS SL with respect to skylinebcn.com. Use of skylinebcn.com is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. Any cause of action you may have with respect to your use of and access to skylinebcn.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or skylinebcn.com to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by SKYLINE BOATS SL. The failure of SKYLINE BOATS SL to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar SKYLINE BOATS SL’s right to enforce the provision.