Terms of service

 

THESE TERMS OF SERVICE (“Terms”) FOR ARBA INTERNATIONAL LLC DBA CARETTA WATERSPORTS (“Caretta Watersports”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“You”) AND CARETTA WATERSPORTS, A WASHINGTON LIMITED LIABILITY COMPANY (THE “Agreement”). THIS AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE PRODUCTS AND SERVICES PROVIDED BY CARETTA WATERSPORTS. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE OF SUCH EXECUTION OR ACCEPTANCE (“Effective Date”).

 

PLEASE READ THESE TERMS (“Terms”) CAREFULLY AS THEY PERTAIN TO YOUR RIGHTS AND OBLIGATIONS. ANY INDIVIDUAL AGREEING TO BE BOUND BY THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, COMPANY, OR OTHER ENTITY (SUCH AS YOUR EMPLOYER), REPRESENTS THAT SUCH INDIVIDUAL HAS the AUTHORIZATION TO AGREE TO THESE TERMS AND BE BOUND BY THE TERMS OF USE CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND TO THESE TERMS, PLEASE DO NOT USE THE SITE.

 

THESE TERMS SUPERCEDE ANY PREVIOUS AGREEMENT YOU MAY HAVE WITH CARETTA WATERSPORTS, WRITTEN, OR ORAL.

1. Website & Content Use
   
   Unless where otherwise specified or clearly recognizable, all content on the CARETTA WATERSPORTS website (“Site”), for example, all of the images, designs, video clips, icons, page headers, graphics, illustrations, and text (collectively, the “Content”) are subject to copyright, trade dress, trademark, service mark, patent, and/or other intellectual property rights held by CARETTA WATERSPORTS or its licensors. All intellectual property rights in any content downloaded, redistributed, displayed, modified, or stored from this Site are reserved for CARETTA WATERSPORTS. You are not authorized to use any name, logo, trademark, or service mark in any way. No right, title, or interest in any content or material is transferred to You as a result of Your use. You do not have permission to copy, reproduce, download, publicly display, record, distribute, publicly perform, modify, publish, or create derivative works from the Content without first obtaining the prior written permission of CARETTA WATERSPORTS. CARETTA WATERSPORTS or its licensors are subject to the protection granted by applicable laws or international treaties related to intellectual property.
   
   You may download, print, or store selected portions of the content, provided these portions are only used for Your noncommercial, personal use, and those portions are not modified or altered in any way. However, in using these portions, You may not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. In using these portions, You may not modify any of the Content. CARETTA WATERSPORTS reserves full intellectual property rights not expressly reserved herein in any Content You download, print, or store, subject to these conditions.
   
   
2. Account Registration
   
   To use the Site You may register or create a user account (“Account”), providing all required information and/or data in a complete, current, accurate, and truthful manner. Users are responsible for keeping their login credentials safe and confidential. To this end, You are also required to choose a password that meets high standards of strength. You may not authorize any third party to use Your Account. By registering, You agree to be fully responsible for any and all activities that happen under Your Account. If there are suspicious uses or unauthorized uses of Your Account or any other security breach, You shall notify CARETTA WATERSPORTS immediately and unambiguously via the contact details indicated in this document.
   
   

3. User Content
   
   Certain parts of the CARETTA WATERSPORTS Site may now or in the future enable You to provide feedback such as product reviews, audio, video, text, photographs, and other content. By doing so, You grant CARETTA WATERSPORTS a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the CARETTA WATERSPORTS Site, in any media or platform, known or unknown to date and in particular on Internet and social networks. You acknowledge, represent, and agree that all Content submitted through Your account is submitted voluntarily and is not confidential nor proprietary. CARETTA WATERSPORTS shall be under no obligation to post Your Content on the Site, and may, at its sole discretion, edit, block, refuse to publish, or remove any Content at any time for any reason. Personal information shall be governed by the terms set forth in the Privacy Policy.

   
   You represent and warrant that You have the rights necessary to grant the rights in this Section and that You will not create, post, or share content that:
   
   
1. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
3. contains or depicts any statements, remarks or claims that do not reflect Your honest views and experiences;
4. impersonates, or misrepresents Your affiliation with, any person or entity;
5. references or depicts CARETTA WATERSPORTS or the Site but fails to disclose a material connection to CARETTA WATERSPORTS;
6. contains any unsolicited promotions, political campaigning, advertising or solicitations;
7. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
8. in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site or products, or that may expose CARETTA WATERSPORTS or others to any harm or liability of any type.

 

1. User Conduct
   
   Use of the Site is a privilege and You are solely responsible for Your Conduct while using the Site. You agree that You will not:
1. Use or attempt to use another user's Account without authorization from such user;
2. Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
3. Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
4. Violate, infringe or misappropriate any intellectual property or other third party right or commit a tort;
5. Engage in harassing, predatory, intimidating, stalking, or threatening conduct, or that we otherwise deem objectionable;
6. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that You are not authorized to access;
7. Develop any third party applications that interact with Your Content or the Site without our prior written consent;
8. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
9. Use the Site to engage in or promote any activity that violates these Terms.
   
   If CARETTA WATERSPORTS suspects violations of the foregoing, CARETTA WATERSPORTS may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.