Crew4Crew
Terms of Use
ACCEPTANCE OF TERMS THROUGH USE
The Terms of Use state the "Terms and Conditions" (“TAC”) under which You may use Crew4Crew.net. Please read this information carefully. If You do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, You are indicating Your acceptance to be bound by the terms of these Terms and Conditions. Yachting Services, International Inc. d.b.a Crew4Crew (the "Company") may revise these Terms and Conditions at any time by updating this posting. Please visit this page periodically to review the Terms and Conditions, because they are binding on You. Your continued use of this site following the posting of these Terms and Conditions and any changes to the Terms and Conditions constitutes acceptance of those changes. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
DESCRIPTION OF SERVICE
Crew4Crew provides the service of storing and presenting data to its registered users, as well as providing access to resources and the use of a message board. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Crew4Crew to provide the Service. You also understand and agree that the Service may include certain communications from Crew4Crew, to include but not limited to administrative messages, the Crew4Crew Newsletter, service announcements and that these communications are considered part of Crew4Crew’s membership and You will not be able to opt out of receiving them. Any new features that enhance or augment the current Service, including the release of new Crew4Crew properties, shall be subject to the Terms and Conditions, unless explicitly stated otherwise. You understand and agree that the Service is provided "AS-IS" and that Crew4Crew assumes no responsibility for the failure to store,deletion,timeliness, or mis-delivery of any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Service.
ACCEPTABLE USE OF SITE
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Crew4Crew, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Service. Crew4Crew does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Crew4Crew be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
General Rules: Users may not use the Crew4Crew Web Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
The Crew4Crew Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
- Posting any incomplete, false or inaccurate biographical information or information which is not Your own accurate CV/resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
- Using the Crew4Crew CV/Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the CV/Resume Database to sell or promote any products or services
- Deleting or revising any material posted by any other person or entity.
- If You have a password allowing access to a non-public area of this Web Site, disclosing to or sharing Your password with any third parties or using Your password for any unauthorized purpose.
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Crew4Crew representative or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a Crew4Crew Site
- Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "Stalk" or otherwise harass another; and/or
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs I through XXIV.
- Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of the Crew4Crew Site or any activity being conducted on this site.
- Taking any action which imposes an unreasonable or disproportionately large load on the Crew4Crew Site's infrastructure.
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Crew4Crew Site other than the search engine and search agents available from the Company on such Crew4Crew Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Crew4Crew Site.
- Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Crew4Crew Site.
- Framing of or linking to any of the Web Site Content or information available from the Crew4Crew Site.
SUBMISSIONS
As a user, You are responsible for Your own communications and are responsible for the consequences of their posting. You must not, and by using the Crew4Crew Site You agree not to, do the following things: post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic on topic-specific message boards; post a sexually explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by Crew4Crew or submitted to Crew4Crew, including without limitation information in Crew4Crew Message Boards, and in all other parts of the Service. You acknowledge that any reliance on material posted by other users will be at Your own risk.
The Company acts as a passive conduit for the online distribution and publication of user-submitted information and may or may not pre-screen Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. Crew4Crew and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Crew4Crew and its designees shall, at its sole discretion, have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
You acknowledge, consent and agree that Crew4Crew may access, preserve, and disclose Your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property, or personal safety of Crew4Crew, its users and the public.
By submitting content to any public or non-public area of the Crew4Crew Site, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.
You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Crew4Crew and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
DISCLAIMER OF WARRANTIES OR LIABILITY
Crew4Crew.net is only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post CV/resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or CV/resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Web Site and/or the other Crew4Crew Sites.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Crew4Crew Site, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and/or the other Crew4Crew Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that You will use caution and common sense when using this Web Site and/or the other Crew4Crew Sites.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Crew4Crew Site or the Web Site Content. The use of Crew4Crew Sites and the Web Site Content is at Your own risk. Changes are periodically made to Crew4Crew Sites and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any CV/resume or material contained therein placed by You on the Crew4Crew Sites. Employers are solely responsible for their postings on Crew4Crew Sites.
The Company is not to be considered to be an employer with respect to Your use of the Crew4Crew Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Crew4Crew Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
CREW4CREW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
THE COMPANY DOES NOT WARRANT THAT THE CREW4CREW SITE WILL OPERATE ERROR-FREE OR THAT THE CREW4CREW SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOUR USE OF THE CREW4CREW SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREW4CREW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms and Conditions.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE CREW4CREW SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT ,INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CREW4CREW SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
LIMITATION OF LIABILITY
CREW4CREW'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CREW4CREW SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
INDEMNITY
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, subsidiaries, affiliates, agents, co-branders and/or other partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any third party due to or arising out of any Content You submit, post, transmit or make available through the Service, Your use of the Service, Your connection to the Service, Your violation of the Terms and Conditions, or Your violation of any rights of another.
REGISTRATION, PASSWORD AND SECURITY
In consideration of Your use of the Service, You agree to: