LEGAL TERMS OF USE
These terms of use (?Terms?) apply to information
contained in this web site. Island Global Yachting Ltd. and its
affiliates (?IGY?) reserve the right to change these Terms at any
time, without notice. Use of any portion of this web site
constitutes acceptance of these Terms.
1. Through its web site, IGY provides you
with access to various resources, including communication and
information through the web site. All content and information
displayed on this web site (?Information?) is the property of IGY,
and is subject to these Terms.
2. This web sites, as well as the web sites
of IGY?s affiliates, may contain or reference trademarks, patents,
copyrighted materials, trade secrets, technologies, products,
processes or other proprietary rights of IGY and/or its affiliates.
No license to or right in any such trademarks, patents, copyrighted
materials, trade secrets, technologies, products, processes and
other proprietary rights of IGY and/or its affiliates is granted to
or conferred upon you.
3. This web site may provide you with the
ability to use usernames, passwords, or other codes or devices to
gain access to restricted portions of this site ("access codes").
The content contained in such restricted areas is confidential to
IGY, and is provided to you for your personal use only. IGY reserves
the right to prohibit the use of such access codes at any time,
without notice.
4. The entire content of IGY?s web site is
copyrighted under United States copyright laws, and except where
explicitly indicated, IGY is the exclusive owner of the copyright.
You may print and download portions of the Information solely for
your own non-commercial use. Any other use, copying, distribution,
publication or transmission of any portion of the Information is
strictly prohibited without the express written permission of IGY.
You agree not to change or delete any proprietary notices from any
Information rightfully downloaded, printed, copied, used or
transmitted from the web site.
5. Island Global Yachting, the Island Global
Yachting logo, trademarks and service marks, and other IGY logos and
products and service names are trademarks of IGY (?IGY Trademarks?).
You agree not to display or use IGY Trademarks in any manner without
IGY?s prior permission. All other trademarks, product names and
company names or logos used, displayed or otherwise referenced on
this web site are the property of their respective owners. Your use
of this web site does not confer upon you any right or license to
use the IGY Trademarks or any other trademarks.
6. THIS WEB SITE IS FOR INFORMATIONAL
PURPOSES ONLY. THE INFORMATION FOUND ON THIS WEB SITE IS PROVIDED
?AS IS?, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF
PRIVACY, NON-INFRINGEMENT OR TITLE. IGY DOES NOT WARRANT THAT THE
FUNCTIONS OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT
MAKE IT AVAILABLE ARE FREE OF VIRUSES. IGY DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
INFORMATION IN THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE.
7. IN NO EVENT SHALL IGY BE LIABLE FOR ANY
DAMAGES WHATSOEVER RESULTING FROM OR OTHERWISE IN CONNECTION WITH
USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGAS OF ANY KIND, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS
OF INCOME OR PROFITS, OR LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF
THIRD PARTIES.
8. With respect to all communications you
make to IGY regarding the Information, including but not limited to
feedback, questions, comments and suggestions: (a) you shall have no
right of confidentiality in your communications and IGY shall have
no obligation to protect your communications from disclosure; (b)
IGY shall be free to reproduce, use, disclose and distribute your
communications to others without limitation; and (c) IGY shall be
free to use any ideas, concepts, know-how, content or techniques
contained in your communications for any purpose whatsoever,
including but not limited to the development, production and
marketing of products and services that incorporate such
information. By submitting any such communication, you warrant that
such communication does not infringe the intellectual property or
other rights of any third party. You further agree to grant IGY a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sublicense, to reproduce, transmit, distribute, create any
derivative works of, publicly use or display any materials or other
information, including but not limited to, ideas, concepts or
techniques for new or improved services and products, you publish to
the web site by any means or by any media now known or hereafter
developed.
9. By using the web site, you agree that you
will not use the Information for any purpose that is unlawful or
prohibited by these Terms. You agree to comply with all applicable
laws, rules and regulations of the United States, the country in
which you reside and/or the country from which you access the web
site.
10. You acknowledge and agree that IGY may
preserve your personal information and may also disclose your
personal information if required to do so by law or in a good faith
belief that such disclosure is necessary to comply with legal
process or to protect the rights, property or personal safety of
IGY, its users or the public.
11. The Information may contain technical
inaccuracies or typographical errors. IGY reserves the right to make
changes, corrections and/or improvements to the Information, and to
the products and programs described in such information, at any time
without notice.
12. This web site, along with the web sites
of IGY?s affiliates, contains information on worldwide products and
services of IGY and its affiliates. Not all products and services
are available at all IGY or affiliate locations. A reference to a
particular product or service does not imply that such product or
service is or will be available at a particular location.
13. If you choose to leave this web site via
a link to another web site not affiliated with IGY, including those
of its advertisers or vendors, IGY is not responsible for the
privacy policies of those external web sites or the cookies those
web sites may use. In addition, because IGY has no control over such
web sites, you acknowledge and agree that IGY is not responsible for
the availability of such external web sites, and does not endorse
and is not responsible or liable for any content, advertising,
products, or other materials on or available from such web sites.
14. This is a United States website and is
subject to United States law. IGY will disclose any information
regarding the use of this web site, including personal information
pertaining to you, without your permission when required by law, or
in good faith belief that such action is necessary to investigate or
protect against harmful activities to IGY, its affiliates, their
customers, employees or property, or to others.
15. If you would like to view the privacy
practices that govern this web site, please see our internet privacy
statement. If you have questions about these Terms, please send an
e-mail to webmaster@igymarinas.com.
PRIVACY
STATEMENT
Island Global
Yachting Ltd. (?IGY?) has a strong commitment to providing excellent
service to all of our customers and visitors of this web site,
including respecting your concerns about privacy. For this reason,
IGY has prepared this privacy statement (?Privacy Statement?). If
you would like to contact us regarding this Privacy Statement,
please send us an email to webmaster@igymarinas.com or write to us
at Island Global Yachting, Ltd. at 515 East Las Olas Boulevard,
Suite 900, Fort Lauderdale, Florida 33301.
Browsing this Web Site
Visitors who browse this web site do so on an anonymous basis.
If you do nothing during your visit but browse through this web
site, we will gather and store certain information about your visit
automatically. This information does not identify you personally. We
automatically collect and store only the following information about
your visit:
1. The Internet domain (for example,
"xcompany.com" if you use a private Internet access account) and IP
address (an IP address is a number that is automatically assigned to
your computer whenever you access the Internet) from which you
access this web site;
2. The type of browser and operating system
used to access this web site;
3. The date and time of access;
4.The particular web pages accessed;
5. and If you linked to this web site from
another website, the address of that other web site.
We use this information to help us make our
web site more useful to visitors, to learn about the number of
visitors to our web site and the types of technology our visitors
use. We do not track or record information about individuals and
their visits without their consent. This means that, unless you
voluntarily and knowingly provide us with personal information, IGY
will not know your identity, your e-mail address, or any other
information personally identifiable to you.
Information Collected and How It Is
Used
When IGY needs to
collect personally identifiable information from you to provide you
with a particular product, service or information, we may ask you to
voluntarily supply us with the information we need. For example, if
you would like to make a reservation at one of our marinas, we will
ask for information such as the vessel owner?s, captain?s and
charter agent?s names, addresses, telephone numbers and e-mail
addresses, vessel size and other information about the vessel. The
personally identifiable information you provide to us for making a
reservation is made available to the applicable marina for the
purpose of determining whether it can accommodate your reservation
request. IGY and/or its affiliates (collectively referred to herein
as ?IGY Companies?) may use such information to contact you for
confirmation and, if applicable, for processing the reservation. In
addition, all such information may, unless you advise us otherwise,
be used by the IGY Companies for marketing of our products and
services. From time to time the IGY Companies may use the services
of third-party providers for the purpose of distributing such
information and/or materials to you. From time to time we may also
ask you to fill out an online customer survey, to obtain your
suggestions or comments about your use of this web site, the IGY
Companies? services, or for other purposes. It is your choice
whether to complete such a survey or to provide us with any such
information.
Employment
If you choose
to apply for employment online, you will be required to provide us
certain personal information, such as your name, street address,
telephone number and e-mail address. Any such information we receive
will not be used for any other purpose. Children?s Privacy This web
site is not intended for children and we do not knowingly solicit or
collect personally identifiable information from children.
Securing Your Information
The IGY Companies treat the information you provide to us as
confidential information. We use the same methods and procedures to
protect such confidential information as we do to protect our own
confidential information. If you submit information to the IGY
Companies through this web site or by e-mail, such information is
stored on a secure server that resides behind firewalls designed to
block unauthorized access from third parties. Because laws
applicable to personal information vary by country, our affiliates
may have additional measures that vary depending on the applicable
legal requirements. Information collected on this web site is
covered by this Privacy Statement.
Disclosure of Information to Third
Parties
As mentioned previously, from time to time the
IGY Companies may use the services of third parties, such as
marketing firms and fulfillment houses, which provide services on
behalf of the IGY Companies. In such event, such parties are
contractually prohibited from using personally identifiable
information for any purpose other than for the specific purpose for
which they were engaged by us. We prohibit the sale or transfer of
personally identifiable information to any person or entity other
than the IGY Companies and our third party service providers,
without your approval.
Use of Cookies
This web
site makes only limited use of ?cookie? technology. ?Cookies? are
pieces of electronic information (specifically, a string of text)
that your browser and your operating system store on your hard drive
for record-keeping purposes. Cookies can store a user's ID and
password, personalize home pages, identify which parts of a site
have been visited or keep track of previous selections or purchases.
Cookies can enhance the user's visit, and the use of cookies has
become an industry standard, used by most major commercial websites.
Such cookies expire automatically after one year, but you may
manually delete cookies earlier. These cookies transmit no
information about you or your computer back to IGY. If you do not
wish to receive these cookies, you may set your browser to reject
the cookies, although doing so may affect your ability to perform
certain transactions on our web site. You should consult the
instructions for your particular browser to determine how to delete
cookies, whether your browser is able to turn off cookies, and the
procedures for doing so.
Opt-Out
Periodically,
the IGY Companies may send you information regarding products or
services through direct mailings or e-mails. It is our intention to
only send you communications that you want to receive. At any time,
you may notify us that you want to ?opt-out? and not receive any
such tangible or electronic communications by providing your name,
postal and e-mail addresses to us at webmast@igymarinas.com or by
mail to 515 East Las Olas Boulevard, Suite 900, Fort Lauderdale,
Florida 33301, and in any event clearly stating in your
communication that you wish to ?opt-out? from receiving such
information. In addition, if you subscribe for any IGY e-mail
newsletter you will find instructions on how to unsubscribe at the
bottom of such newsletters. Otherwise, we may periodically contact
you via e-mail and provide information about our special offers and
promotions that may be of interest to you. Every time you receive an
e-mail from us about special offers or promotions you will be
provided the choice to opt-out of future e-mails. Please note that
even if you opt-out of receiving future marketing materials from the
IGY Companies, we are still permitted to contact you for business
related purposes.
External Web Sites
IGY is
only responsible for the privacy policies of this web site. The
privacy practices of third party web sites are not covered by this
Privacy Statement and IGY is not responsible for the privacy
practices or content of other third party web sites, including
without limitation their use of cookies, spyware or similar
concerns.
Legal
This is a United
States web site and is subject to laws of the United States. IGY
will disclose personally identifiable information without your
permission when required by law, or as otherwise provided in the
"Legal Terms of Use" governing this web site. As mentioned
previously, laws related to personally identifiable information vary
by jurisdiction.
Individual customers who reside in the State
of California and have provided their personal information to the
IGY Companies may request information about our disclosures of
certain categories of personal information to third parties for
their direct marketing purposes. Such requests must be submitted to
us by e-mail at webmaster@igymarinas.com or in writing by mail to us
at 515 East Las Olas Boulevard, Suite 900, Fort Lauderdale, Florida
33301. Upon receiving such a request, we will provide a list of the
categories of personal information disclosed to third parties for
third-party direct marketing purposes during the immediately
preceding calendar year, along with the names and addresses of these
third parties. Such a request may be made no more than once per
calendar year.
Changes to this Privacy
Statement
From time to time this Privacy Statement may
be changed by IGY, without notice. However, any such changes will be
promptly reflected on this web site, so that you will always know
what information we collect, how we might use such information and
whether we will disclose such information to any person or entity
other than the IGY Companies. This statement was last updated on May
30, 2007.