Apollo Duck User Agreement.

This is the user agreement for Apollo Duck. The services available on http://motorboats.apolloduck.co.uk/ are provided by Santa Monica Airlines Ltd ('Santa Monica Airlines'), located at Inglewood House, Inglewood, Alloa, FK10 2HU, UK. 'Apollo Duck' is a registered trademark of Santa Monica Airlines Ltd.

This agreement describes the terms and conditions applicable to your use of our services at this Apollo Duck website. If you do not agree to be bound by this agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained within this user agreement before you may avail of our services. Accessing this website constitutes your acceptance of all of the terms contained within this agreement.

By agreeing to this user agreement, you also agree that your use of other Apollo Duck websites will be governed by the terms and conditions posted on those websites.

We may amend this agreement at any time by posting the amended agreement on our website. Any amended agreement will govern your use of this service from the date that it is posted on our website. No other amendment to this agreement wil be effective unless made in writing, signed by you and by Santa Monica Airlines.

Our rights

Our services are not available to persons or organisations who are temporarily or permanently prohited from using Apollo Duck. This applies to individuals or organisations who have breached the terms of this user agreement, or who are otherwise excluded from the use of the Apollo Duck service. If you do not qualify, do not use our services. If you use our service in the capacity of a business entity, you represent that you have the authority to bind the entity to this agreement.

Copyright

In addition to the terms detailed in our Copyright Notice, the copying of advertisements and photographs from this website for use on your own or a third party website is expressly forbidden. In particular, the copying of listings for the purposes of relisting on other websites is not permitted. Advertisers have no right to instruct, induce or otherwise advise a third party to copy their advertisement(s) from Apollo Duck for reproduction in any other media, including but not limited to magazines, websites, and television. Advertisers wishing to use the same materials for the placement of advertisements with other advertising services must supply those materials directly to the publishers of those services.

Usernames and Passwords

For some of the services provided on this website, you may be assigned a username and password. You are responsible for all actions taken under that username. It is your responsibility to keep your username and password safe. You have no right to disclose or transfer your username or password to any other person.

Apollo Duck is only an advertising service

Apollo Duck is not a boat broker, boat finder, boat dealer or any other type of marine business. Apollo Duck acts as a venue which allows qualified users to advertise and search for boats and marine related products and services. We do not review listings provided by users and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a sale. You accept sole responsibility for the legality of your actions under laws applying to you.

Identity Verification

Santa Monica Airlines cannot and does not confirm the purported identity of users or the validity of the information which users post to our website. You must satisfy yourself as to the true identity of anybody whose advertisement you respond to, or subsequently enter into a transaction with.

Release

In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Santa Monica Airlines (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Information Control

We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are additional risks associated with dealing with foreign nationals, underage persons or people acting under false pretence.

Advertising

If you are a seller, you must ensure that you are legally able to sell the item in question. All items must be listed in an appropriate category. Each advert must detail one vessel, item or service only, and the same item may not be listed in any more than one category. Our basic free listings may not be used to promote your own or third party websites, and no reference to other websites may be made in the advertsement. No website address may be included in the text of a free listing. You may not embed HTML tags, scripting code, or other special character codes in the content of the advertisement. You must not list any item on our website that could cause us to violate any applicable law.

Fees

Viewing the Apollo Duck listings, and placing a basic lineage advertisement on Apollo Duck is free of charge. We may change this policy at any time, and any change will be effective upon posting of the amended User Agreement. Unless otherwise stated, all fees are payable in UK Pounds Sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Advertisers will be responsible for paying all fees associated with using our service and our website and all applicable taxes.

Personal Information

Your personal information is defined as any information you provide to us or other users in relation to the Apollo Duck service including the registration, advert enquiry and listing process (including without limitation, any description of items advertised), and any other content that you post within our website. You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of your information.

Your personal information and your activities on our site must not:

1. be false, inaccurate or misleading;
2. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4. be fraudulent or involve the sale of counterfeit or stolen items;
5. be in breach of any applicable laws or regulations (including but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;
6. be obscene, indecent or contain any kind of pornography;
7. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
8. link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) or you do not have a right to link to or include;
9. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptiously intercept, access without authority or expropriate any system, data or personal information;
10. cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.

Access and Interference

Sections of our website may contain robot exclusion headers and you agree that you will not use or induce the use of any robot, spider, other automatic, or manual process to monitor or copy our website or the content contained therein without our prior express written permission. You agree that you will not use or induce the use or any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our website or any advertisement placed on our website. You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licenced to Santa Monica Airlines by our users or third parties. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from our website without the prior express written permission of Santa Monica Airlines and the relevant Apollo Duck user.

Breach

Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your access to our service and refuse to provide our services to you without notice to you: (a) if you breach this agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us; or if we believe that your actions may cause legal liability for you, our users or us.

No Warranty

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided AS IS and as and when available and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. The website may include inaccuracies, outdated information, defects, omissions and/or other errors. Santa Monica Airlines does not make any representations regarding the use of this site's content including its accuracy, reliability or correctness. Santa Monica Airlines reserves the right to modify the information displayed on this website but it does not make any commitment to update the information displayed on this site. To the extent permitted by law, the content provided on this website, including by not limited to information, data, text, documents and graphics, is provided AS IS. All express and/or implied representations and warranties, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of any rights (including, without limitation intellectual property rights of any kind) are expressly excluded.

Limitation of Liability

In no event will Santa Monica Airlines, its officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assignees be liable to any party for any direct, indirect, economic, special or other consequential damages, loss of goodwill or loss of profits arising out of or in connection with the use of this website, or use of any linked website, including without limitation any liability arising from breach of contract, negligence and any other statutory, contract and/or tort liability, even if Santa Monica Airlines has been expressly advised of the possibility of such damages. The term 'damages' includes, without limitation, attorney fees, any lost profits, business interruption and loss of programs or other data on your information processing system. Santa Monica Airlines expressly disclaims any liability for third party information or opinions posted on this website that arises under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.

Links

This website provides links to other websites that are completely independent of this site. Santa Monica Airlines makes no representation or warranty as to the content, ownership or legality of any such linked websites. Under no circumstances should any link to another website be construed as an endorsement by Santa Monica Airlines of that website, its owner, its operator, or of any of the products or services that may be described or provided therein.

Choice of law

These terms shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise in connection with the Apollo Duck service.

For the exclusive benefit of Santa Monica Airlines, Santa Monica Airlines shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.

Third Party Rights

A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

General

You may not assign or transfer any of your rights under these terms. If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Failure by either party to exercise any right of remedy under these terms does not constitute a waiver of that right or remedy.

Headings in these Terms are for convenience only and will have not legal meaning or effect.

Statutory Information

This Apollo Duck branded website is owned and operated by
Santa Monica Airlines Ltd. Registered in Scotland, Number SC180830.
Registered Office: Inglewood House, Inglewood, Alloa, FK10 2HU, UK.
Telephone 0870 626 0641. Fax 0870 626 0642. VAT No. GB 779 0145 09.

Copyright © 1998 - 2010 Santa Monica Airlines Ltd.