Terms of Service and Privacy Policy

ENJOY YACHT MANAGEMENT TERMS OF USE AND PRIVACY AGREEMENT


Welcome to ENJOY Yacht Management. ENJOY Yacht Management is a cloud application that helps make boat maintenance and yacht management a snap, efficiently organizing the tasks and chores that come along with maintaining a well running boat so that you can maximize the precious time you get to spend with friends and family on your boat. 

ACCEPTANCE OF TERMS



Please read this Terms of Use and Privacy Agreement (“Agreement”) carefully before using www.enjoyyc.com (“Website”) and/or its accompanying mobile application (“Mobile App”), a website and mobile app maintained by ENJOY Yacht Management (“we” or “us”). We may make changes to this Agreement and to our Website, Mobile App, services, and products from time to time, without notice. Such changes shall be effective immediately upon posting of the revised Agreement.

Your use of the Website and Mobile App is subject to your acceptance of this Agreement, which includes the following Terms of Service, Privacy Policy, and any future amendments.

You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in this Agreement by clicking on the “Sign up” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “Sign Up” button, you accept the Agreement and agree to the terms, conditions and notices contained or referenced herein.

TERMS OF SERVICE



We provide our service to you subject to these Terms of Service (“TOS”), which may be updated by us from time to time, without notice. Our most current TOS may be viewed at any time at: www.enjoyyc.com/TOS/.

Eligibility

You must be eighteen (18) years or older to use the Website and/or Mobile App. By using the Website and/or Mobile App, you are representing and warranting that you are eighteen (18) years of age or older. In the event we become aware you are under 18, we will terminate your registration.

Registration

You are required to register to access certain features of the Website and Mobile App. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Payment

If you register as a paid user of the Website and/or Mobile App, you agree to pay all fees and charges associated with your subscription on a timely basis (the “Subscription”). All Subscription fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card (unless other payment arrangements are made with us). Unless other payment arrangements are made with us, you agree to maintain valid credit card information in your account information and authorize us to charge the stated Subscription fee amount, and any applicable sales, telecommunication, excise or similar taxes to the payment method that you provided at the time of purchase or activation. If you elect automatic renewal, you also authorize us to charge the then current Subscription fee amount, and any applicable sales, telecommunication, excise or similar taxes, at the end of the term of your Subscription (the “Subscription Term”). The Subscription fee is exclusive of any applicable federal, state or municipal taxes or duties. We may change the Subscription fee amount for new or renewal Subscription Terms upon 30 days’ prior notice to you via email. Any changes to the Subscription fee will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Subscription Term. Your Subscription will automatically renew at the end of each Subscription Term unless you terminate your Subscription prior to expiration of the then-current Subscription Term. At the time of renewal, we will charge the credit card you provided on the activation date, unless you provide us with an alternate payment method prior to expiration of the then-current Subscription Term. You may cancel your paid Subscription at any point during your Subscription Term, however, no refunds will be issued for previously paid fees and charges.

Limited License to Our Content

We hereby grant you a limited, non-exclusive, non-transferable license to access and use the Website and Mobile App in legally authorized jurisdictions for personal noncommercial purposes only. If you subscribe to our paid services, this license is contingent upon your payment of any applicable Subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. You agree to abide by these Terms of Use and not to use the Website or Mobile App in any manner not expressly permitted by these Terms of Use.

General Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Website and Mobile App. You acknowledge that our materials are protected by copyright law and agree that you will not reprint, republish, or distribute any information found on the Website or Mobile App. Further, you acknowledge that all copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) featured on the Website or Mobile App, or related to any products and services provided by ENJOY Yacht Management belong to ENJOY Yacht Management and/or its subsidiaries, partners or affiliates. Nothing in this Agreement grants you a right or license to use any trademark, design right or copyright owned or controlled by ENJOY Yacht Management or any of its subsidiaries, partners or affiliates, or any other third party, except as expressly provided in this Agreement.

Security

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Services shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you log out from your account at the end of each session. Changes to the Website and Mobile App

You agree and understand that the services we make available through the Website and Mobile App may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications implemented after your initial access to the Website and Mobile App shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, profile information, sounds, photographs, graphics, video, messages or other materials made available via the Site by any user (all such items provided by users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators’ use of the Website and/or Mobile App.

Disclaimers

Your use of the Website and Mobile App are at your own risk. ENJOY Yacht Management makes no warranties or representations as to the materials, information, products, and services included in the Website and Mobile App and assumes no liability or responsibility for any errors or omissions therein. ENJOY Yacht Management expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of non-infringement, merchantability and fitness for a particular purpose.

ENJOY Yacht Management disclaims any warranties for any information or advice obtained through its services. ENJOY Yacht Management disclaims any warranties for services or goods received through any links on the Website or Mobile App, as well as for any information or advice received through any such links.

ENJOY Yacht Management disclaims any warranties regarding the security, reliability, timeliness, and performance of its services. ENJOY Yacht Management shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.

ENJOY Yacht Management also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment, mobile device or other property on account of your access to, use of, or browsing in the Website or Mobile App or your downloading of any materials from the Website or Mobile App.

Use of Information

You may not use information available on the Website or Mobile App for any purpose other than the purposes expressly permitted in this Agreement.

For instance, you may not use the Website or Mobile App, or any information made available via the Website or Mobile App to:

a. send out unsolicited e-mails or promotional materials;

b. upload, post, e-mail, transmit, or otherwise make available any information, data, text, messages, or other materials (“Content”) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

c. impersonate any person or entity, or to otherwise falsely state your affiliation with a person or entity;

d. manipulate identifiers to disguise the origin of any Content posted on the Website or Mobile App;

e. upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

f. upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt the functionality of any computer equipment, mobile device or otherwise; or g. use any means of accessing the Website and/or Mobile App to collect or store personal data about other users without ENJOY Yacht Management written consent. h. create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Website or Mobile App.

User Content Uploaded By You

Without limiting the generality of any other provisions of these Terms of Use, you agree:

  • You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.

  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Use, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.

  • You are solely responsible for any User Content you post, publish or display on the Website or Mobile App or transmit to users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other user, or any other entity or individual, in connection with the Website or Mobile App. You are solely responsible for the resolution of any disputes that arise between you and any other user or any other entity or individual.

  • You will post only User Content you believe in good faith to be true and accurate, and you will not post any User Content that is false, inaccurate, misleading or fraudulent.

License to Your User Content

By uploading User Content to the Website or Mobile App, you hereby grant, and represent and warrant that you own or control all rights and authority necessary to grant, (i) us, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user’s personal use.

Ownership of Intellectual Property

As between you and us, the Website and Mobile App, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Services, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site or in connection with the Services are the proprietary property of us or our licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Website or Mobile App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.

Unless expressly granted, nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Copyright Violations (DMCA Notice)

If you believe any User Content or any other aspect of the Website or Mobile App infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Website or Mobile App;
3. Your address, telephone number and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at
6. issue or are authorized to act on the copyright owner’s behalf; and
7. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:

Copyright Agent 1515 SE 17TH Street, Suite 133, Fort Lauderdale, Florida 33316 Or by email: copyright@enjoyyc.com. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our above-designated copyright agent:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the Southern District of Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user,

the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT THE SERVICES AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED IN THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SERVICES OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

IN NO EVENT WILL WE BE LIABLE TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING FROM OR RELATING TO ANY USE, INABILITY TO USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold us and our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives harmless from any losses, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your access to the Website and/or Mobile App, (ii) your use of the Website and/or Mobile App, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Termination

ENJOY Yacht Management in its sole discretion may terminate your use of the Website and Mobile App and will not be liable to you for any loss as a result of this termination, including any subscription fees and/or charges.

Disputes

You agree that any dispute relative to the Website or Mobile App, or use or inability to use the same will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You also agree that any action based on or alleging a breach of this Agreement shall be brought only in a state or federal court located in Miami-Dade County, Florida. If we prevail in any such action, we shall be entitled to also recover our legal fees and costs.

Miscellaneous

If for any reason a court of competent jurisdiction finds any portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by ENJOY Yacht Management.

PRIVACY POLICY



Our Commitment to Privacy

ENJOY Yacht Management has created this Privacy Policy (“Policy”) to demonstrate its ongoing commitment to privacy and to outline how it collects and uses information on its Website and Mobile App.

Information Collection and Use

We will not provide or sell your personal information to third parties except to fulfill your requests for products or services or when we have your consent.

ENJOY Yacht Management does not automatically collect any personally identifiable information, such as name, address, e-mail address, or phone number about users of its Website and Mobile App. We collect personally identifiable information only if voluntarily provided. You may voluntarily provide us with this information when you register on our Website or Mobile App, sign up for e-mail updates, and/or submit comments and feedback. We may collect and use personal information to respond to your queries, to customize the advertising and content you see, to fulfill your requests for products and services, to improve our services, and to conduct research. To the extent that you provide us with such information, we will not provide or sell this information to any other company or organization without your consent.

By voluntarily submitting such personal information for e-mail updates, you are consenting to receive e-mails from ENJOY Yacht Management from time to time regarding various sales, promotions, or events. We also reserve the right to send you certain communications relating to the ENJOY Yacht Management service, such as service announcements and administrative messages. We do not share your e-mail addresses with other organizations for commercial purposes unless you “opt-in” to receive e-mail offers from specially selected marketing partners of ENJOY Yacht Management. Our marketing partners may have different privacy policies than ours. We encourage you to read their policies before responding to an offer.

If, at any time, you do not wish to receive e-mail updates from ENJOY Yacht Management, you may send a message to support@enjoyyc.com requesting removal from our e-mail list.

If you provide us with your postal address, you may receive periodic mailings from us. If you would rather not receive such mailings, please call or write to let us know.

We may use your personal information to fulfill your requests for products or services. If you establish a credit account with us or our providers, we collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders.

Aggregate Information

ENJOY Yacht Management may use small text files called cookies to track user trends and improve your overall Website and Mobile App experience. A cookie is a piece of data containing non-personal information about the user and stored on the user’s hard drive. You may refuse cookies in your browser, but some of the features and services of the Website and Mobile App may not function properly as a result.

ENJOY Yacht Management reserves the right to track non-personal information about visitors to its Website and Mobile App, for general purposes including, but not limited to, improving our services, marketing, advertising, or research purposes. Non-personal information may include without limitation: the total number of visitors to the Website and Mobile App, the number of visitors to each page of the Website and/or section of the Mobile App, the URL that the visitor has come from and goes to next (whether this URL is on its Website/Mobile App or not), the Internet browser being used, the type of operating system used, the visitor’s location, the visitor’s IP address, and the services purchased. Such aggregate information may be used for site administration purposes, to analyze trends, to gather broad demographic information, and to help us learn which parts of our Website and Mobile App users are visiting.

Opt-Out

If we propose to use non-aggregate information for marketing purposes or to sell to third parties, we will notify users at the time we collect the information and allow them to opt-out of having the information used for those purposes. In the event that we would seek to share information that was previously collected, we would notify such users via e-mail and allow them the option of opting out of having this information disclosed.

Disclosure

ENJOY Yacht Management may transfer personal information if ENJOY Yacht Management is acquired by or merged with another company. In this event, ENJOY Yacht Management will notify you before your personal information is transferred and becomes subject to a different privacy policy.

ENJOY Yacht Management also reserves the right to release current or past user information to third parties for limited purposes in the event ENJOY Yacht Management believes that usage is:

in violation of this Agreement; used to commit unlawful acts, and/or required to be disclosed to prevent fraud or imminent harm or to comply with applicable laws, regulations, or legal process.

Information Security

ENJOY Yacht Management is committed to protecting your personal information from unauthorized access. In order to safeguard your information, we update and test our technology on a regular basis, restrict access to your information internally, and reasonably require outside companies to whom we provide your information for marketing, servicing, or processing purposes to restrict the use of the information to those purposes.

Updating Personal Information

You can edit your account information at any time. In order to protect our users’ personal information, we will ask you to identify yourself and the information to be accessed, corrected, or removed before processing your requests.

Linking to ENJOY Yacht Management

ENJOY Yacht Management generally encourages links from third party sites to its Website and Mobile App, provided that the link does not state or imply any sponsorship or endorsement of your website or its contents by ENJOY Yacht Management.

Intellectual Property Overview

ENJOY Yacht Management respects the intellectual property rights of others and expects its users to be equally respectful. Thus, it is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe the copyrights or other intellectual property rights of ENJOY Yacht Management and of others.

ENJOY Yacht Management has no responsibility for content on other websites or mobile apps that you may access when using its services. Material available on or through other websites and mobile apps may be protected by copyright and the Intellectual Property laws of the United States and/or other countries. The terms of use of those websites and mobile apps govern your use of that content.

Contacting ENJOY Yacht Management

ENJOY Yacht Management is committed to providing its users with the highest quality service. If you have any questions about this Privacy Policy, the terms and conditions of this Website or Mobile App, or your dealings with this Website or Mobile App, please contact us at support@enjoyyc.com.

Effective date: March 4, 2017