Coastal Recreation, located at www.coastalrecreation.org (the “Website”), is a project of National Marine Manufacturer’s Association (“NMMA” “we,” or “us”) and provides a platform for providing you with important content regarding the National Ocean and Atmospheric Administration (NOAA’s) recent proposed changes to vessel speed regulations and how a more balanced approach will mitigate certain risks to the recreational boating and fishing industries. The Website is provided to “you” solely under the following terms and conditions (the “Terms”).
A. Access to Website
For so long as you agree to these Terms and abide by them, you may use the Website. These Terms apply to all users who access the Website and/or its Content. “Content” includes any text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on or access through the Website. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable, non-commercial, personal license to download, display, electronically reproduce and make singular print copies of Content.
B. General Restrictions on Use
We hereby grant you permission to access and use the Website as set forth in these Terms, provided that:
- Except as provided herein, you agree not to distribute in any medium any part of the Website or the Content without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Website (such as through a sharing function on social networking Websites).
- You agree not to alter or modify any part of the Website.
- You agree not to access Content through any technology or means other than the Website itself, through social networking websites, or via other explicitly authorized means we may designate.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to our servers in each period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information without consent, including usernames, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes.
- In your use of the Website, you will comply with all applicable laws.
- You agree not to
- stalk, harass or harm another individual through your use of the Website.
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
- use the Website to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM) or distribute viruses or any other technologies that may harm us or the interests or property of our users.
- Without our written consent, you may not frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
You may not modify or create any derivative work based on the Website. You may not decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the Website is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to copy, replicate, transcribe or reproduce the ‘look and feel’ of the Website, including its features and functionalities.
You may provide links to the Website, if you (a) do not remove or obscure, by framing or otherwise, proprietary notices or other notices on the Website, and (b) discontinue providing links to the Website immediately upon our request.
C. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
- The Content, and the trademarks, service marks and logos (“Marks“) on the Website, are owned by or licensed by NMMA or its affiliates and you are not permitted, licensed or authorized to use the Marks without our written consent.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms. Except as provided herein, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of NMMA or the respective licensors of the Content. NMMA and its licensors reserve all rights not expressly granted in and to the Website and the Content.
- You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content thereon.
- You understand that when using the Website, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless NMMA, and it affiliates and each of their directors, members, officers, employees, agents and licensors to the fullest extent allowed by law regarding all matters related to your use of the Website.
- When using the Website, you agree
- not to revise or alter any User Content (defined below) posted by others.
- not to post or use any User Content or Content in any manner that (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violates the privacy, publicity, or other rights of third parties; (iii) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by us in our sole discretion; (iv) is false or inaccurate; (v) violates any law, civil or criminal, or (vi) violates our policies, including posting content in an inappropriate category or areas on the Website.
- Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
D. Your Content and Conduct
If at any time our Website permits you to submit content, including literary works, videos, images, and user comments (collectively, “User Content”), the following Terms shall apply:
- You understand that we do not guarantee any confidentiality with respect to any User Content you submit.
- You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to us all intellectual property or other proprietary rights in and to such User Content for publication on the Website pursuant to these Terms.
- For clarity, you retain all your ownership rights in your User Content. However, by submitting User Content to us, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Website and under these Terms. The above licenses granted by you in video or image User Content you submit to the Website will survive even if you remove or delete your videos or images from the Website. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that User Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all the license rights granted herein.
- We do not endorse any User Content submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim all liability in connection with User Content. We do not permit copyright infringing activities or infringement of intellectual property rights on the Website, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights as set forth below. We reserve the right to remove User Content without prior notice.
- Your “Feedback” is welcomed and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become the property of NMMA. You agree that any Feedback you provide at this Website shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
E. Use of Third-Party Websites
We reserve the right to terminate these Terms and your access to the Website at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Website, we retain the license rights granted to us with respect to any User Content uploaded or provided on our Website.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Website, prohibit access to the Website and its Content, delay or remove any Content or User Content, take technical and legal steps to keep any users off the Website if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third-parties, or acting inconsistently with the letter or spirit of our policies. For example, we will terminate a user’s access to the Website if, under appropriate circumstances, the user is determined to be a repeat infringer.
We reserve the right to decide whether User Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such User Content and/or terminate a user’s account for submitting such material in violation of these Terms. You hereby understand and agree that in addition to the above listed causes, we reserve the right, always, to remove User Content if we consider, at our sole discretion, such Content to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish or in violation of the standards of excellence and professionalism that we strive for at in Website.
A. Intellectual Property
If you are a copyright owner or an agent thereof and believe that any Content or User Content infringes upon your copyrights, you may submit a notification with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, electronic email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any notification of claimed infringement to: [email protected].
B. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NMMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NMMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, USER CONTENT OR THE CONTENT OF ANY SOCIAL MEDIA WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
C. Limitation of Liability
WE ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; OR (3) ANY OTHER MATTER RELATING TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY TERMS OF THIS AGREEMENT).
YOU SPECIFICALLY ACKNOWLEDGE THAT NMMA SHALL NOT BE LIABLE FOR CONTENT, USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by NMMA from its facilities in the United States of America. NMMA makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NMMA, its parent organization, affiliates, officers, directors, members, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms and your use of the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by NMMA without restriction.
These Terms shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and NMMA that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the State of Illinois. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and NMMA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. NMMA reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND NMMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Updated: May 5th, 2023