Intellectual Property and Licenses
All materials, Software, and content accessed, posted, or displayed on the Sites, including, but not limited to, text, images, illustrations, audio, video clips, all features and functionality of the Sites, and design, selection, and arrangement of content thereon (all of the foregoing, the "Intellectual Property") are protected by United States and international copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes ("Applicable Law").
Intellectual Property Owned by Us and Our Licensors
All Intellectual Property posted or provided by us is owned by us or other parties that have licensed to Active the right to use their Intellectual Property or the right to market their products and/or services (collectively, the "IP Providers"). All applications, apps, and modules (collectively, the "Software") used on the Sites is owned by us or licensed to us by other parties ("Software Providers", and together with IP Providers, collectively the "Providers").
Intellectual Property Owned by You
All Intellectual Property posted by you on the Sites is owned by you. By posting such content, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license (the "IP License") to use, reproduce, modify, perform, display, distribute, and otherwise disclose any content that you post on or in connection with the Sites for any lawful purpose. You represent and warrant that you own or control all rights in and to such Intellectual Property and have the right to grant the license granted above to us and our licensees, successors and assigns. You understand and acknowledge that you are responsible for any Intellectual Property you submit or contribute, and you, not Active, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Intellectual Property posted by you or any other user of the Site.
Your Use of Intellectual Property
Further, you cannot:
Use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Sites;
Perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment;
Use any "robot", "spider", or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the Intellectual Property including all content on the Sites.
It is important that Intellectual Property including reviews and ratings on the Sites be relevant, helpful, and trustworthy. Therefore, Active reserves the right to edit or remove any Intellectual Property that contains any of the the following::
We want to provide a clean and positive user experience for all users. We may remove Intellectual Property that contain unlawful content, or content not considered family friendly. We may also remove Intellectual Property that include plagiarism or are copied from other locations.
Intellectual Property including reviews and ratings must be appropriate for the community of boaters. Do not post Intellectual Property that you know is incorrect, coerced, or has been paid for in any way. Intellectual Property is considered inappropriate if it does not provide users of the Sites with the capability to determine the quality and validity of the postings themselves.
Advertising and Spam
Nobody likes spam and it can only make its author look bad. Don't use Intellectual Property for advertising or post the same or similar Intellectual Property across multiple places. Obviously, don't post fake Intellectual Property intended to boost or lower ratings.
Off-topic Intellectual Property
Intellectual Property including reviews and ratings should describe your personal, first hand experience. Please do not post Intellectual Property based on someone else's experience, or that are not about the specific topic being addressed. Intellectual Property is not a forum for personal attacks, rants or crusades. Please also do not use ActiveCaptain reviews to report incorrect information about a marker. Instead select Details for the marker and edit the incorrect information.
Intellectual Property that Infringes another’s Copyright
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the relevant Site or Sites by submitting written notification to our Copyright Agent. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Our designated Copyright Agent to receive notices under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA) is:
254 Commercial Street
Portland, ME 04101 207-791-1100
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Conflict of Interest
Intellectual Property including reviews and ratings are only valuable when they are honest and unbiased. Even if well-intentioned, a conflict of interest can undermine the trust in a review. Please also do not post Intellectual Property on behalf of others or misrepresent your identity or affiliation with the place you are reviewing.
User Accounts and Registration Obligations
In order to take advantage or use some of the features offered on the Sites and by Providers, you are required to register and/or create a user account (Account) with Active. By creating an Account, you agree to take full responsibility for maintaining the Account user name, password, and all related activity that occurs under your Account username. You agree to promptly notify Active of any unauthorized use of the password or any other breach of security with respect to the Sites. Active, in its sole and absolute discretion, may at any time terminate or otherwise restrict access to and use of the Sites or to Providers by you.
An Account may be used to submit, post, and transmit Intellectual Property. You may not impersonate someone else (e.g., adopt the identity of a celebrity, fictional character, or real person other than yourself) and the email address you provide must be your own.
In claiming a Business, Marina, or Boatyard listing on the Sites, you must be the owner or an authorized employee or representative of that business. You may not provide an email address that is not your own or create multiple Accounts for the same business unless expressly authorized by Active.
In consideration of use of the Sites, you agree to:
Provide true, accurate, current and complete information about yourself; and
Maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide Intellectual Property (including any account information) that is untrue, inaccurate, not current or incomplete, or Active has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Active has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof) or access to the Providers use of Intellectual Property.
The ActiveCaptain Messaging capability available on the Sites may not be used for unsolicited commercial messages, spam, or to attack or harass another user. Commercial entities may only send a message to a user who has left a review in their marker or contacted them through their own message. Continued abuse of the ActiveCaptain messaging feature will lead to your Account being canceled.
Intellectual Property you send to us, whether via email, forms, messages, ideas, and/or suggestions is transmitted at your sole risk.
You are strictly prohibited from uploading to the the Sites any material that contains any virus, worm, "trojan horse", "time bomb", or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.
Scope of Permitted Use
You agree to use the Sites only for the lawful purposes described above. You shall not: (i) post or transmit on or through any Sites any libelous, obscene or otherwise unlawful information of any kind; (ii) interfere with, disable, modify, decompile, or reverse engineer the Sites in any way; (iii) engage in any conduct involving the Sites that would constitute a criminal offense or give rise to civil liability under any local, state, federal or other law or regulation; or (iv) upload, post, reproduce or distribute to or through the Sites, including any Active website, any material protected by copyright, privacy or other proprietary right without first obtaining a written license from the owner thereof.
THE PRODUCTS AND SOFTWARE ARE NOT INTENDED FOR NAVIGATIONAL USE, SHOULD NOT BE RELIED UPON FOR SUCH PURPOSE, AND MUST NEVER BE USED AS THE SOLE SOURCE OF NAVIGATION. ALWAYS NAVIGATE BY REFERENCE TO A CURRENT NAVIGATIONAL CHART OR MAP. IN NO EVENT SHALL ACTIVE, ITS PROVIDERS, OR USERS OF THE SITES HAVE ANY LIABILITY ARISING OUT OF ANY NAVIGATIONAL USE OF ANY OF THE PRODUCTS, SOFTWARE, AND INFORMATION PROVIDED. YOU ACCEPT FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OR GUIDANCE YOU OBTAIN ON THE SITES OR ANY OTHER PRODUCT OR SERVICE THAT PROVIDES INFORMATION FROM THE SITES.
The Sites may contain links to sites that are not maintained by us. While we make every effort to include links to only those sites that are in good taste and safe for our visitors, we do not regularly review materials posted at such sites. These links are provided solely as a convenience to you. We do not necessarily endorse all of the materials appearing on such sites. We shall not be responsible for, and we make no representation regarding, the content on such sites. If you choose to link to any third party site, you do so at your own risk.
Disclaimer of Warranties
The services and Intellectual Property on the Sites are provided "as is". To the fullest extent permissible pursuant to applicable law, Active, and the Providers or distributors of Intellectual Property, disclaim all warranties, express or implied, including, but not limited to:
Implied warranties or merchantability, fitness for a particular purpose, and title to any of the services and Intellectual Property provided on the Sites;
Any warranties that the functions contained in the services and Intellectual Property will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes it available are free of viruses or other harmful components;
Any warranties regarding the use, or results of the use, of the services and Intellectual Property on the Sites in terms of their correctness, accuracy, reliability, timeliness, or otherwise. You alone assume any and all costs arising in connection with your use of the Sites.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Active, and/or the Providers, be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Sites, or your downloading of any materials, data, text, images or Intellectual Property or any other information from the Sites. In no event shall Active, and/or the Providers, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential, damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Sites or the services or materials Intellectual Property on the Sites, even if advised of the possibility of such damages.
Active explicitly and comprehensively disclaims all liability based on third party Intellectual Property. Active will research any complaint about third party Intellectual Property but cannot guarantee that the information will be modified or removed. Decisions are at the sole discretion of Active.
Except for claims of copyright infringement (discussed above), when requested to research third party content or Intellectual Property including reviews, Active will:
1. Contact the third party privately to ensure the Intellectual Property has been indicated for the intended business.
2. The third party will be asked to re-read the Intellectual Property to decide if it still provides an accurate representation of the third party's experience.
3. The third party will be offered the option of having the Intellectual Property including their review modified or deleted.
You shall defend and indemnify Active, the Providers, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your use of the Sites or Intellectual Property or based on Intellectual Property that you own.
Entire Agreement, Governing Law, Venue, Severability
ActiveCaptain, eBoatCards, and "The Interactive Cruising Guidebook" are trademarks of Active Corporation. All rights reserved.
"sharing the experience" is a registered trademark of Active Corporation.