Back Creek Yacht Club Website User Agreement
Last Revised: February 11, 2023
Introduction
The Back Creek Yacht Club website, Facebook, and certain other social media accounts (collectively the "BCYC Website") is a membership website provided by Wild Apricot, owned and operated by the Back Creek Yacht Club (“BCYC”).
The BCYC Website at www.backcreekyc.org is a membership website that utilizes a login and password protected section of the BCYC Website to maintain membership data, contact members, inform its members of events and activities, to collect (via third parties) membership dues and other fees. Furthermore, the BCYC Website hosts a blog whereby members may contribute content in text form as well as photos and videos. The protected portion of the website cannot be accessed by non-members or members without password access. The BCYC Website also utilizes an open access (not password protected) section to attract guests and potential members, post photos and videos of members, uses photos and images to promote BCYC and has links to its Facebook and other third party sites including certain advertisers.
Agreement
This User Agreement (“Agreement”) governs your use of the BCYC Website and sets forth the terms and conditions that apply to all users of the BCYC Website.
Acceptance of Terms
By accessing or using the BCYC Website, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms and conditions, you may not access or use the BCYC Website. BCYC reserves the right, at its discretion, to modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Your continued access or use of the Website shall be deemed your conclusive acceptance of the modified Agreement.
Privacy
You agree that BCYC may collect and use technical data and information in connection with your use of the BCYC Website (including, but not limited to, contact information and technical information about your device, that are gathered periodically to facilitate the features and functionality of the BCYC Website and software updates, product support and other services. Please see our Privacy Policy (www.backcreekyc.org/privacy) for more information about how BCYC collects, uses, stores and discloses information collected. You also hereby consent to BCYC communicating with you about BCYC or in connection with the events, functions and activities associated with BCYC. Should you not wish for your image to be used on the BCYC Website, you must inform the webmaster by email at Webmaster
Registration Data & Account Information.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by the BCYC Website registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to BCYC, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to BCYC. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information via the BCYC Website.
The BCYC Website is intended solely for users who are 18 years of age or older.
Third-Party Sites and Services; Third-Party Materials.
The BCYC Website may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). BCYC does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, merchantability, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that BCYC’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from the BCYC Website.
User Conduct
You agree to use the BCYC Website only for lawful purposes. You agree not to use the BCYC Website:
to post or transmit any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, hateful, or racially, ethnically or otherwise offensive content;
to post or transmit any content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship;
to post or transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programming routines;
to interfere with or disrupt the Website, or servers or networks connected to the BCYC Website, or disobey any requirements, procedures, policies or regulations of networks connected to the BCYC Website;
to use the BCYC Website for any commercial purposes, including but not limited to the sale of goods or services, or to solicit others to become members of any commercial online service or other organization.
User Contributed Content and Conduct.
You are solely responsible for all content you contribute to the BCYC Website and its Blog, as well as for your conduct and the conduct of anyone using your account. The content you contribute to or use with the BCYC Website must comply with the user Contributed Content and Conduct Rules below. Enforcement of the user Contributed Content and Conduct rules set forth in the Terms is solely at BCYC’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that BCYC will not contain any Contributed Content that is prohibited by such rules.
You agree NOT TO upload contribute to, transmit, distribute, store, create or otherwise publish through the BCYC Website any of the following:
User Contributed Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, pornographic, or otherwise create liability or violate any local, state, national or international law, or owned or copyrighted by any third party;
User Contributed Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the BCYC Website.
You further agree that you are solely responsible for your conduct with respect to the BCYC Website, and you agree that you will not do any of the following in connection with BCYC:
Use the BCYC Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or policies established from time-to-time by BCYC;
Modify, adapt or hack the BCYC Website;
Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the BCYC Website; and
Infringe upon or violate the rights of BCYC.
BCYC takes no responsibility and assumes no liability for any user conduct or for any User Contributed Content posted or uploaded on (or otherwise made available via) the BCYC Website, nor is BCYC liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using the BCYC Website. Your use of the BCYC Website is at your own risk.
Although BCYC does not control and has no obligation to screen, edit or monitor any of the user Contributed Content posted or uploaded on (or otherwise made available via) the BCYC Website, BCYC reserves the right, and has absolute discretion, to remove, screen or edit any user Contributed Content posted or uploaded onto the BCYC Website at any time and for any reason without notice. Any use of the BCYC Website in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the BCYC Website.
If you the User post or upload user Contributed Content onto (or otherwise make available via) the BCYC Website, you grant BCYC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable BCYC to operate the BCYC Website. You represent and warrant that: (i) you own and control all of the rights to the User Contributed Content that you post or upload onto (or otherwise make available via) the BCYC Website and that you otherwise have the right to make available such User Contributed Content via the BCYC Website and grant the rights granted in the Terms; and (ii) the BCYC Website’ use and making available the User Contributed Content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
Proprietary Rights
The BCYC Website contains information, data, software, photographs, graphics, videos, text, images, music, sounds, and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You may not use the Content in any way that infringes any of these rights. You may not copy, modify, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use any Content available on the BCYC Website for commercial or public purposes without the express written consent of BCYC.
Disclaimer of Warranties
The BCYC Website is provided "as is" and without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. BCYC makes no representation or warranty that the BCYC Website will be available on a timely basis, secure, error-free, or free from viruses or other harmful components.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BCYC BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES, LOSS OF DATA, ARISING OUT OF OR RELATED TO the BCYC Website, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF BCYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BCYC’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).
Termination
BCYC may terminate your access to the BCYC Website at any time, without notice, for any reason.
Electronic Communications.
You agree to do business electronically with BCYC, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Governing Law;Arbitration
You and BCYC agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Annapolis, Maryland and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and BCYC also agree that the state or federal courts in Anne Arundel County, Maryland have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BCYC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.