YotHop Terms and Conditions

WEBSITE GENERAL TERMS AND CONDITIONS OF USE AND SERVICE

AND GRANT OF NON-EXCLUSIVE LIMITED WARRANTY ROYALTY-FREE LICENCE

OF YOTHOP.COM AND ANY ASSOCIATED DOMAINS

December 2014, last review February 2016

REFERENCES 

  • “You”, “Your” and “Yours” are references to any person(s) accessing the Website/Interactive Areas, including but not limited to, registered and unregistered users;
  • “We”, “Our” and “Us” are references to YOTHOP LIMITED, trading as yothop.com (“YOTHOP LIMITED”);
  • “User” is reference to any visitor to the Website and/or having access to any public unrestricted Interactive Areas or Content provided by YOTHOP LIMITED;
  • “Registered User” is reference to any persons who have fully completed a registration form and have been unconditionally accepted by YOTHOP LIMITED as a registered User (“Member”) to receive or have access to part of the Website/Interactive Areas generally reserved for Registered Users (“Members”);
  • “Content” is reference to all information including personal and profile information, review, comment, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials;
  • “Yothop.com” is reference to the Website;
  • YOTHOP LIMITED is reference to the site owner, a company limited by shares, registered in England and Wales no 09347128 its registered office situated at 20-22 Wenlock Road, LONDON N1 7GU United Kingdom. This being the address for service of any notice.

These terms and our Privacy Policy and Data Protection constitute the entire User Agreement and understanding between you and YOTHOP LIMITED in relation to the subject matter. If you do not agree to these terms and conditions, you must not use this Website, or the Interactive Areas provided within it.

Who We Are

YOTHOP LIMITED is a service provider using modern technology via the Internet to provide general information on all aspects of yachting, including crew recruitment via a public job-board and crew profiling, direct and indirect advertising of third party services and other Interactive services. For the avoidance of doubt, your contract will be with YOTHOP LIMITED who retains ultimate control and reserve all rights whether to grant any User any access to and use of yothop.com. Furthermore, YOTHOP LIMITED does not accept third-party registrations nor does it accept any undertaking with or enter any end-users or third parties save where the terms in these Terms and Conditions of Use and Service shall prevail.

  1. ACCEPTANCE OF TERMS
  • Your access to and use of yothop.com (“Website”) and any Interactive Areas referred to in Clause 2, is subject exclusively to these Terms and Conditions of Use and Service. You will not use the Website/Interactive Areas for any purpose that is unlawful or prohibited by these Terms and Conditions.
  • By clicking “register” “login” or clicking anywhere in the Website/Interactive Areas you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Interactive Areas.
  • We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Interactive Areas following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
  1. WEBSITE AND INTERACTIVE AREAS (“Website” “Interactive Areas”)
  • The Website may provide communication tools such as public profiles, email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to publish your profile (including personal details) to the general public and communicate with other Users of the Website. Unless stated otherwise the Website/Interactive Areas are for your personal and non-commercial use only.
  • The Website/Interactive Areas may include but not limited to, facilities:
  • To register or login as a User of the Website;
  • To create and edit a public profile, including publishing personal data, uploading CV/resumes that may be interpolated, searchable, and/or downloaded on the Website or via external search engines, such as Google;
  • To submit reviews, feedback or comment on another Member and/or any third party providers, including but not limited to captains, skippers, crew recruitment agencies, chandleries and allow the same to be published in the public domain, of which YOTHOP LIMITED does not edit or control any review, feedback or comment;
  • To post, comment, share or subscribe to topical blogs;
  • To post, re-post, share, re-share, link, tweet, like the Content via social media, including but not limited to, Facebook, LinkedIn, Google Plus, Twitter and Instagram;
  • To view advertisements approved by YOTHOP LIMITED or any advertisement published by a third party provider (including affiliated  and pay-per-click advertising channels) not approved by and beyond the control of YOTHOP LIMITED and where permitted, the placement of advertisements (including sponsored or commercial hyperlinks) all of which may be subject to additional terms and conditions of advertising;
  • To access any registration or subscription-based Interactive Areas, which may be subject to additional terms and conditions;
  • To make online payment by a third party credit/debit card processor, which are subject to additional terms and conditions of any particular card payment processor used throughout the Website/Interactive Areas.
  1. NO OFFERS
  • Neither the information, advertisement nor any opinion or statement contained in our Website or email constitutes an offer to sell or solicitation or an offer or recommendation to buy any goods or services.
  1. CHILD SUPERVISION 
  • We are concerned about the safety and privacy of our Users, particularly a person under the age of eighteen 18 (“child” “children”). Parents who wish to allow their children access to and use of the Website/Interactive Areas should supervise such access and use.
  • By allowing your child access to the Website/Interactive Areas you are allowing your child access to all of the Website/Interactive Areas, including but not limited to email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Interactive Areas are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Website/Interactive Areas.
  1. PRIVACY POLICY AND DATA PROTECTION 
  • See our Privacy Policy and Data Protection
  1. ACCOUNT, PASSWORD AND SECURITY 
  • If a particular Website/Interactive Area requires you to open an account and/or the creation of a public profile you will be required to complete the registration process by providing certain personal information and registering a username and password for use with that Website/Interactive Area.
  • You are responsible for maintaining the confidentiality of the username and password and also for all activities, which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
  • In no event will YOTHOP LIMITED be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another User’s account at any time, without the express permission of the User and without the permission of YOTHOP LIMITED.
  1. ACCEPTABLE USE 
  • You acknowledge that all information (including personal and profile information) review, comment, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Interactive Areas you may be exposed to Content that is offensive and/or indecent.
  • YOTHOP LIMITED will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Website/Interactive Areas and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
  • In using the Website/Interactive Areas you agree not to:
  • use the Website/Interactive Areas to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
  • post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
  • post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, sexual orientation, age, gender, disability, nationality or other characteristic;
  • threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
  • make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer, server or property of another;
  • collect or store personal information about others, including email addresses, except where the Website so permits;
  • advertise or offer to buy or sell goods or Interactive Areas for any commercial purpose, unless such communication facility specifically allows such messages;
  • impersonate any person or entity for the purpose of deceiving or misleading others;
  • violate any applicable laws or regulations;
  • use the Website/Interactive Areas in any manner that could damage, disable, overburden or impair the Website/Interactive Areas or interfere with any other party’s use and enjoyment of the Website/Interactive Areas;
  • use the Website/Interactive Areas to exceed any limitations set out in the Fair Use Policy currently in force, or knowingly, recklessly or negligently cause, or contribute to any breach of the same;
  • post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
  • attempt to gain unauthorised access to any of the Interactive Areas, other accounts, computer systems or networks connected to the Website/Interactive Areas through hacking, password mining or any other means.
  • We have no obligation to monitor the Website/Interactive Areas but shall be entitled to review materials published and, at our sole discretion, to edit or otherwise remove any material that, in our opinion, breaches these Terms and Conditions or is otherwise objectionable.
  1. OTHER TERMS AND CONDITIONS
  • By using the Website/Interactive Areas you acknowledge that additional terms and conditions may apply, including but not limited to, other terms and conditions by third parties, which you further acknowledge is beyond our control and without limitation, you indemnify YOTHOP LIMITED.
  1. SUSPENSION, TRANSFER AND TERMINATION
  • We have the right to terminate or suspend your access to any or all of the Website/Interactive Areas at any time, without notice, for any reason, including without limitation, any access to and use of any accounts, or any access and use by any Users, for any period determined by YOTHOP LIMITED, where:
  • A debt, of any amount, remains unpaid or in dispute;
  • Any chargeback or unilateral refund is made on any credit or debit card;
  • Any bill of exchange (including Postal Orders and Bankers Draft) is dishonoured, for whatever reason;
  • Any payment made to our card payment processor including PayPal is declined or suspended, for whatever reason;
  • The account is inactive for a period of sixty-days or more;
  • The User cannot be reached by any of the communication methods and details provided, including but not limited to, an invalid email address. Users can contact us to apply for their account to be reinstated;
  • Any suspension or termination is required to enable full compliance with any terms of this Agreement;
  • The User has, in our sole opinion, published negative feedback and, at the request of YOTHOP LIMITED, the User has failed to adduce documentary evidence within seven days, to prove that any comment is fair comment and/or that any personal data and/or information of the User or third party cannot be verified;
  • There has been a breach of any terms of this Agreement.
  • We may also at any time, at our sole discretion, discontinue the Website/Interactive Areas or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any suspension or termination of your access to or use of the Website/Interactive Areas, for whatever reason, including but not limited to, planned and emergency maintenance, electrical surges or outages.
  • YOTHOP LIMITED reserves the right to transfer (including to or away from any User or YOTHOP LIMITED) any account and/or User where:
  • The User’s account has remained inactive for more than thirty-days, or;
  • The User’s account is suspended or terminated for any reason; or
  • The User has made a written request to YOTHOP LIMITED for the User’s account to be transferred and be placed under the control of YOTHOP LIMITED, or another User.
  • Any User may request at any time in writing to transfer their access account to an alternative active User (where available), subject to a written acceptance from YOTHOP LIMITED. The User acknowledges that upon transferring an account, both transferor and transferee may lose any entitlements to any promotion, privileges, or other benefit in force at the time of transfer. Any continued entitlement and transfer of the same remains at the sole discretion of YOTHOP LIMITED.
  • In the event of termination, by either party to this Agreement, for whatever reason, YOTHOP LIMITED reserves the right to transfer any User to a new User and enter into an entirely new Agreement directly with YOTHOP LIMITED.
  1. LINKS TO THIRD PARTY WEBSITES
  • The Website/Interactive Areas may include links to third party Websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Websites and you acknowledge and agree that YOTHOP LIMITED is not responsible for the content or availability of any such sites.
  1. INTERNATIONAL USE
  • You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
  1. INTELLECTUAL PROPERTY RIGHTS AND GRANT OF NON-EXCLUSIVE LICENCE 
  • The Website/Interactive Areas and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Interactive Areas) are protected by copyright, trademarks, patents and other intellectual property rights and laws.
  • In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use, save where commercial use has been expressly permitted. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
  • YOTHOP LIMITED does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Website/Interactive Areas. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Interactive Areas. Your further grant YOTHOP LIMITED the right to use the name that you submit in connection with such Content. The licence shall be terminated when such Content is deleted from the Website/Interactive Areas by you.
  • YOTHOP LIMITED acknowledge Crown Copyright on all material produced by the Crown.
  • You acknowledge that YOTHOP LIMITED may choose to provide attribution to your comments or reviews at our discretion.
  • You further grant YOTHOP LIMITED the exclusive right to pursue at law any person or entity that violates your rights or the rights of YOTHOP LIMITED, including but not limited to intellectual property rights, in the Contents and/or by a breach of this Agreement.
  • You acknowledge and agree that all Content is non-confidential and non-proprietary.
  1. INDEMNITY
  • You agree to unconditionally and fully indemnify and hold YOTHOP LIMITED harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against YOTHOP LIMITED by any third party arising out of your use of the Website/Interactive Areas and/or any Content submitted, posted or transmitted through the Website/Interactive Areas, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by YOTHOP LIMITED in consequence of your breach of these Terms and Conditions. 
  1. DISCLAIMERS AND LIMITATION OF LIABILITY
  • Use of the Website/Interactive Areas is at your own risk. The Website/Interactive Areas are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, qualified advice, security and accuracy.
  • To the extent permitted by law, YOTHOP LIMITED will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Interactive Areas, including but not limited to any loss or damage arising from any advertisements, personal reviews and/or any Content published on the Website/Interactive Areas.
  • YOTHOP LIMITED makes no warranty that the Website/Interactive Areas will meet your requirements, that Content will be accurate (including but not limited to any legal advice) or reliable, that the functionality of the Website/Interactive Areas will be uninterrupted or error free, that defects will be corrected or that the Website/Interactive Areas or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
  • Messages including email sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. YOTHOP LIMITED are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message or email sent by you to YOTHOP LIMITED or any message or email sent by YOTHOP LIMITED to you over the Internet.
  • Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of YOTHOP LIMITED for death or personal injury as a result of the negligence of YOTHOP LIMITED.
  • Any reference to YOTHOP LIMITED in these Terms and Conditions shall include YOTHOP LIMITED.
  • Nothing in these Terms and Conditions shall affect your statutory rights as a consumer. For the avoidance of doubt, all Users are not deemed consumers according to legislation currently in force, save where a User has provided monetary consideration for service.
  1. REGISTRATION AND SUBSCRIPTIONS
  • Upon acceptance by YOTHOP LIMITED as a registered User of the Website/Interactive Areas, the registered User may:
  • Immediately sign up to the Website/Interactive Area at the published rate at the time of applying for registration or any upgrade, whichever the later, using a valid credit or debit card (where available) or upon demand by Invoice, payment by cheque or bankers draft to clear within thirty-days of registration or date of Invoice, whichever the sooner;
  • Receive any discount as part of a special promotion at the time of applying for registration upgrade or subscription, or renewal of the same;
  • The registered User further acknowledges that any promotion is subject to any additional terms and conditions of that promotion and YOTHOP LIMITED reserve the right to withdraw any promotion at any time for any reason without notice.
  • Upon registering or the opening of an account, the registered User may be required to input any registration or subscription details to fully activate the registration or subscription, including but not limited to, providing a valid credit or debit card details and/or verify the registered email address.
  • The registered User acknowledges that by entering and storing the details of a credit or debit card the registered User agrees for such details to be securely stored and for the stored credit or debit card to be debited on confirmation of each transaction made in the registered Users account.
  • The registered User acknowledges that any registration or subscription for access to or use of the Website/Interactive Areas may be subject to a minimum subscription term of twelve months, or a minimum term published, from the date of registration or first payment, whichever the sooner.
  • In the event of non-payment of any sums due, howsoever accrued, the registered User unconditionally agrees for YOTHOP LIMITED to debit any amounts due from the stored credit or debit card when such amounts fall due, or any time thereafter.
  • The registered User further acknowledge that any payments made by credit or debit card is subject to any additional terms and conditions of the payment processor and any payment will constitute an acceptance of those terms.
  • The registered User acknowledges that no refunds of subscriptions will be made, at any time, to any registered User, immediately upon grant of access to the Website/Service. Thereafter all registration or subscriptions fees will become due, whether the registered User has received the Invoice (or any other demand), or not.
  1. MISCELLANEOUS
  • If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any English court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
  • YOTHOP LIMITED reserves the right to make any variation to these Terms and Conditions with immediate effect and the User acknowledge and accept the variation by notice on the Website. The User further acknowledge that each access and use (whether continuous or not) of the Website/Interactive Area will constitute an acceptance of any terms in this Agreement, whether varied or not.
  • No failure, delay, relaxation or forbearance on the part of either party in exercising any power or right under this Agreement shall operate as a waiver of such power or right or of any other power or right.
  • This Agreement and any rights granted pursuant to this Agreement are personal to the User, and except where permitted above, the User shall not assign the benefit of or any interest or obligation under this Agreement.
  • Apart from YOTHOP LIMITED’s Users and authorised suppliers, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Agreement. The consent of any third party is not required for any variation (including any release or compromise of any liability under this Agreement) or termination of this Agreement.
  1. GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with English law and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. If this Agreement has been translated into a language which is not English and a dispute arises as to the meaning or translation of any term of this Agreement, the interpretation of the English version shall prevail. The parties agree to submit to the exclusive jurisdiction of the English Courts.

-End of Website General Terms and Conditions of Use and Service and Grant of Non-Exclusive Limited Warranty Royalty-Free Licence – YOTHOP.COM-