1.1. "PJP" (hereinafter - "Company") offers Internet users (hereinafter - the "User") the opportunity to use its services on the terms and conditions of this User Agreement (hereinafter - the "Agreement", "User Agreement"). This Agreement shall take effect upon the User's express agreement with its terms according to Clause 1.4 hereof.
1.2 Company offers users access to a wide range of information on yachts and related matters, such as a service of search through sales and charter listings, informative articles, tools for posting and storing information and materials (content), etc. All currently available services and tools as well as their development and/or addition of new services and tools shall be the subject of this Agreement.
1.4 By starting the use of any services/certain functions or going through the registration procedure, the User shall be deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User must not use Company's services. If Company makes any amendments to this Agreement as prescribed by Clause 1.3 hereof to which the User does not agree, the User shall cease to use any Company's services.
General Usage and Storing Provisions.
2.1 Company may impose restrictions on the use of services for all Users or certain categories of Users (depending on the User's location, language of the service, etc.) including: availability/unavailability of certain service functions. Company may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information (for instance, electronic spam).
2.2 Company may send information messages to its users.
3.1 The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
3.2 The User acknowledges and agrees that Company is not under obligation to review any content posted and/or distributed by the User through Company's services and that Company has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through Company's services. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
3.3 The User acknowledges and agrees that technologies of service operation may require reproduction (replication) of User content by Company.
3.4 The User agrees that Company will comply with relevant regulation in regard of complain to User's content, such as procedures under the applicable laws of France or other international legislations.
Terms of Company's Service Use
4.1 The User shall be responsible to third parties for any actions related to the use of Service including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the Service.
Exclusive Rights to Services and Content
5.1 Any objects available through Company's services including design elements, text, graphics, illustrations, video, software, databases, music, soundtracks and other objects (hereinafter - service content) as well as any content posted at Company's services are exclusive property of Company, Users and other right holders.
5.2 Any content and service elements may be used only within functions offered by a particular service. No elements of Company's service content as well as any content posted at Company's services may be used in any other way without the right holder's prior consent. The term "use" shall include reproduction, duplication, processing and distribution on any basis, representation on frame, etc. The exception shall be any cases prescribed by Maltese laws.
Third Party Websites and Content
6.1. Company's services may content links to other websites (third party websites). Such third parties and their content are not verified by Company for compliance with any requirements (validity, completeness, accuracy, etc.). Company shall not be responsible for any information or materials posted at third party websites that the User may access through the services including any opinions or statements at third party websites, advertising, etc. as well as availability of such websites or content and consequences of their use by the User.
6.2. A link (in any format) to any website, product, service, any commercial or non-commercial information published on the Website shall not be considered as approval or recommendation of such products (services, activities) by Company, unless directly stated at Company's resources.
No Guarantees, Limitation of Liability
7.1. The User uses Company's services at his own risk. Services are provided as is. Company accepts not responsibility including for compliance of services with the User's goals;
7.2. Company does not guarantee that services comply/will comply with User's requirements; that services will be provided without interruptions, promptly, sustainably and without errors;
8.Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.
9.This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the Republic of France. You consent to the jurisdiction of the courts of the Republic of France to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.