Thank you for visiting Boattube.com, a division of JBeez, Inc. These Terms and Conditions govern your use of any Web site owned or operated by JBeez, Inc., displaying these Terms and Conditions (TAC), including the following (our "Sites"):
Your use of the JBeez, Inc. (“BoatTube.com”) website, including www.boattube.com and any affiliated sites (the “Site”), tools, services, Content (as defined below) and/or products, including your shopping on the Site (referred to collectively as the “Services”) is subject to this Terms and Conditions Agreement (this “TAC Agreement”). BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THIS TAC AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TAC AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TAC AGREEMENT, DO NOT USE THE SERVICES.
Changes to these Terms and Conditions
These Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on the Sites, and you should always review them prior to using any of the Sites to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access our Sites. Your continued use of our Sites after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
Intellectual Property Rights Copyright & Trademarks
This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software (“Content”), is the property of BoatTube.com and protected by United States and international copyright laws. BoatTube.com is the owner of the compilation of Content that is posted on the Site. However, BoatTube.com may not necessarily own each component of the compilation. The Content that BoatTube.com makes available on the Site may be owned by BoatTube.com, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
BoatTube.com endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, BoatTube.com can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact firstname.lastname@example.org.
All software used on the Services is the property of BoatTube.com or our licensors and protected by United States and international copyright laws. Subject to the terms of this TAC Agreement, BoatTube.com hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of BoatTube.com or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of BoatTube.com.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.
All rights not expressly granted herein are reserved.
Your Reviews, Comments and Other Communications
Unless we indicate otherwise, if you post content or submit material, then you grant BoatTube.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant BoatTube.com and its sub-licensees the right, but not the obligation, to use the name that you submit with such content. You represent and warrant that you own or control all rights to the content you post or submit; that the content is accurate; that use of the content will not violate this policy and will not cause injury to any person or entity. You agree to indemnify BoatTube.com for any and all claims resulting from content that you submit or post. You agree that BoatTube.com has the right, but not the obligation, to monitor, edit and/or remove any activity or content. BoatTube.com shall have no responsibility and assumes no liability for any content posted by you or anyone else.
User Generated Content
Certain sections of our Sites allow you to submit or upload reviews, photographs, or other content for viewing by the general public (collectively “User Generated Content”).
You are responsible for User Generated Content. Any User Generated Content is the sole responsibility of the person who made such User Generated Content available on our Sites. Under no circumstances will we be liable in any way for any User Generated Content posted to our Sites. Such User Generated Content may be posted on or accessed through our Sites in our sole discretion.
Because we do not control the User Generated Content posted on our Sites, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing our Sites, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on our Sites, whether by us, individual users of the Sites, or our third party contractors or licensors.
You own User Generated Content you submit, but we may use it. If any User Generated Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through this Site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.
Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through our Sites, you are granting us (and downstream users) permission to (i) display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User Generated Content available to the general public through our Sites and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
We may disclose and/or remove User Generated Content. We reserve the right at all times to disclose any User Generated Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User Generated Content that is objectionable or in breach of these Terms and Conditions, in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of our Sites, or to censor, edit or block your transmissions thereto, in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User Generated Content to Content owned or provided by us, and the user who made such User Generated Content available on the Sites will retain ownership thereof as described above.
Restrictions on User Generated Content. It is a condition of these Terms and Conditions that you do not:
post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Generated Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
post or transmit any User Generated Content which violates or infringes upon the rights of others, including User Generated Content which violates the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
post or transmit any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is fewer than eighteen years old but you are his/her parent or legal guardian;
post or transmit any User Generated Content soliciting any personal or private information from any individual;
post or transmit any User Generated Content which contains a virus or other harmful component; or
post or transmit any User Generated Content which contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User Generated Content you post is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.
Product Descriptions Correction of Errors and Inaccuracies
BoatTube.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed. We apologize for any inconvenience this may cause you.
Disclaimer and Limitation of Liability as to Products Sold
All of BoatTube.com's products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, BoatTube.com makes no representations or warranties, either express or implied, of any kind with respect to products sold on the BoatTube.com sites. Except as expressly stated herein, BoatTube.com expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to BoatTube.com arising from any product sold on the BoatTube.com sites shall be the price of the product ordered. In no event shall BoatTube.com, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR SITES OR THEIR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR SITES. OUR SITES AND ALL OF THEIR CONTENT (INCLUDING ALL USER GENERATED CONTENT) ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, THEIR CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR SITES, AND ANY SITE WITH WHICH THEY ARE LINKED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT OUR SITES, THEIR SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR SITES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA OUR SITES, OR ANY SITE WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON OUR SITES.
WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON OUR SITES BY USERS OF OUR SITES, AND USER GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF US. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF OUR SITES. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Without limiting the foregoing, certain merchandise offered on our Sites may be covered by a product warranty offered by the manufacturer of such merchandise, and the limitations and disclaimers set forth herein will not limit or restrict any warranty provided by the manufacturer of any merchandise available for purchase on our Sites.
Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
Exclusion of Liability
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS AND CONDITIONS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON OUR SITES OR IN CONNECTION WITH YOUR USE OF OUR SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR ANY WEB SITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON OUR SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
OUR LIABILITY IN CONNECTION WITH A CUSTOMER'S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH IN OUR TERMS OF SALE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.
These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
In consideration of your use of our Sites, if you register on any of our Sites in order to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password at the following e-mail address, and until we are so notified you will remain liable for any unauthorized use of your account.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. BoatTube.com may sell products made for children, but it is BoatTube.com’s intention to only sell such products to adults. It is BoatTube.com’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
You must be at least eighteen years of age to make a purchase on any of our Sites.
Children under 13: Do not send any information about yourself to us, including information such as your name, address, or e-mail address. We do not knowingly collect personally identifiable information from children under 13. In the event that we learn we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.
Thirteen to Seventeen. Prospective users between the ages of 13 and 17 can only use the BoatTube.com Services under their parents or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at email@example.com.
Links to Other Sites
Our Sites may contain links and/or advertisements to other Web sites maintained by unrelated companies. An advertisement of, or link to, an unrelated Web site does not mean that we approve, endorse or accept any responsibility for that Web site, its content or use, or the use of products and services made available through such Web site. We do not investigate, monitor or check such Web sites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other Web sites which you may access through our Sites, the content thereof, or the products and/or services made available through such Web sites. If you decide to leave our Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such Web sites.
This TAC Agreement constitutes the entire agreement between you and BoatTube.com and governs your use of the Services, superseding any prior agreements between you and BoatTube.com with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BoatTube.com products and/or services, affiliate services, third party content, or products, or third party software.
Jurisdiction and Venue
This TAC Agreement and the relationship between you and BoatTube.com shall be governed by, construed, and enforced in accordance with the laws of the State of Tennessee, excluding its conflict of law provisions. You agree that Putnam County, Tennessee will be the sole jurisdiction and venue for any litigation arising from your use of a JBeez, Inc. site.
Waiver. The failure of BoatTube.com to exercise or enforce any right or provision of this TAC Agreement or breach of this TAC Agreement by you shall not constitute a waiver of such right or provision.
Severability. If any provision of this TAC Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TAC Agreement will continue in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TAC Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in this TAC Agreement are for convenience only and have no legal or contractual effect.
Any legal action brought against JBeez, Inc. shall be governed by the laws of the State of Tennessee without regard to its conflict of law principles.
How to Contact Us
These terms and conditions are subject to change from time to time without notice by updating or revising this “Terms and Conditions” page, so please check back periodically.