Terms of Use

Updated August 10, 2016

The Bow Seat website (the “Site”) is an interactive website owned and operated by Bow Seat Ocean Awareness Programs, Inc. (“BOW SEAT,” “we” or “us”) to empower users through creation and imagination and to become active stewards of the oceans. By using the Site, you are agreeing to the following terms and conditions. These terms and conditions shall constitute an agreement (the “Agreement”) between you and BOW SEAT governing your use of the Site. Please read these terms and conditions carefully before using the Site.

By using the Site and/or submitting projects, you represent and warrant that you have read, understand, have the legal capacity, and agree to be bound by these terms and conditions.

Changes to this Agreement

BOW SEAT reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. It will post the most recent version of these terms and conditions on this website with a date indicating when changes were last made. Any modifications shall become effective immediately upon the posting thereof. Please check for updates each time you use the Site to keep apprised of any changes. Your continued use of the Site following the posting of modifications will constitute your acceptance of the revised terms and conditions.

Consent to Communications

By providing personal and contact information in registering to use the Site, you understand that BOW SEAT may send you e-mail communications or data regarding your use of the Site, violations of such use, and/or promotional information and materials regarding BOW SEAT. To the extent such communication concerns an offer or solicitation by BOW SEAT, it will provide opt-out instructions. BOW SEAT reserves the right to communicate by e-mail or otherwise, with you or your representative. BOW SEAT shall protect all personal information provided in accordance with its Privacy Policy.

BOW SEAT’s Obligations

Although BOW SEAT hosts the Site’s blog, it has no obligation to monitor content provided by third party users. In regards to any content on the blog provided by unrelated third party users, BOW SEAT expressly disclaims all responsibility for such content, its accuracy and appropriateness. BOW SEAT reserves the right to remove any posting it deems in its sole discretion to be inappropriate, fraudulent, illegal, profane or otherwise questionable or objectionable, or any content that might infringe on intellectual property rights. You acknowledge and agree that BOW SEAT shall not assume or have any liability for any action or inaction by BOW SEAT with respect to any data, material, content or input posted by you on the Site or removed by BOW SEAT.

User Conduct

You agree that you will not use the Site in any way that violates applicable federal, state, local or international law, or for any unlawful purpose. You will not post on the Site any materials that are inappropriate or violate the intellectual property rights of others. You hereby represent and warrant that you have all necessary rights in and to all content and information you provide. You remain solely responsible for such content and any material or information submitted to the Site.

BOW SEAT reserves the right to terminate your access to and use of the Site if, in its sole discretion, your conduct violates any of the following prohibitions:

  1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Site or BOW SEAT’s computer systems and network.
  2. You may not attempt to interfere with any other person’s or organization’s use of the Site.
  3. You may not misrepresent your identity or impersonate any person.
  4. You may not attempt to gain access to any account, computers or networks related to the Site without authorization.
  5. You may not use the Site to submit any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
  6. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by BOW SEAT in connection with the Site.

Intellectual Property - License

By posting content or submitting a project you agree to grant an irrevocable, royalty-free license to BOW SEAT to use, display, publish, exhibit, distribute, reproduce, share and provide public access to such content or project. By submitting or posting a photograph of yourself, you grant an irrevocable, royalty-free license to BOW SEAT to display, publish, exhibit, distribute, reproduce, share and provide public access to the photograph on the Site, in a hard copy publication or in other media, as long as such use is in connection with BOW SEAT’s charitable purposes. You expressly agree that BOW SEAT may alter, edit or modify the photographic image or the content or project if in BOW SEAT’s sole discretion such changes would enhance or be beneficial to the Site. You agree to waive all rights of privacy, publicity, and defamation in and relating to the photograph and the posted quote or content.

BOW SEAT is the exclusive owner of all right, title and interest in the Site. You are granted a limited, non-exclusive, non-transferable, revocable license to access the Site in accordance with this Agreement solely for the purpose of submitting content and projects. The foregoing limited license shall not be construed as conferring any right in any copyright or other intellectual property right in the Site software or content.

Except for the limited permission in the preceding paragraph, BOW SEAT does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You acknowledge and agree that BOW SEAT retains all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Site.

Digital Millennium Copyright Act

BOW SEAT expressly prohibits the use of the Site for the illegal transmission of copyrighted material, and will respond if notified by content owners to prevent copyrighted material from being transmitted via the Site.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BOW SEAT the written information specified below:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located;
  4. Your address, telephone number, and e-mail address;
  5. 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;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For these purposes, BOW SEAT can be reached at info@fromthebowseat.org.

No Warranties

By using the Site you acknowledge and agree that you will not hold BOW SEAT accountable for any technical errors, including loss of files.

BOW SEAT intends to accurately and reliably transfer user data through the Site; however, errors sometimes may occur. BOW SEAT PROVIDES THE SITE AND ITS SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOW SEAT AND ITS OFFICERS, DIRECTORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BOW SEAT AND ITS OFFICERS, DIRECTORS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL BOW SEAT OR ANY OF ITS DIRECTORS, OFFICERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF BOW SEAT OR ITS OFFICERS, DIRECTORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON SUCH DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE FOR ANY REASON INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DAMAGE TO YOUR COMPUTER, OR IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR BOW SEAT’S PRIVACY POLICY, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST BOW SEAT OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

In the event that, notwithstanding the foregoing disclaimers and limitations, BOW SEAT is found responsible to any user for any reason whatsoever, liability shall not include punitive damages or consequential or resulting damages of any nature.

Indemnification

You agree to indemnify, defend and hold harmless, BOW SEAT, its officers, directors and affiliates, to, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Site or from any violation of this Agreement by you.

Termination

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BOW SEAT may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.

The failure of BOW SEAT to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these terms of use and or your use of the Site.

The parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties.