Member Interface Agreement
EFFECTIVE MARCH 15 2022
Member Relationship with GetMyBoat. This Agreement sets forth the Terms and Conditions of Member's use of GetMyBoat's products, software, services and web Website(s) (collectively "Services"). GetMyBoat means GetMyBoat, Inc. d/b/a GetMyBoat and GetMyBoat.com. (GetMyBoat and Member are referred to herein each as a "Party," and collectively as the "Parties.") If Member does not agree to all of the Terms, Member must not use GetMyBoat's Services. GetMyBoat reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to GetMyBoat's Services and cancellation of Member's GetMyBoat account.
Acceptance. Use of GetMyBoat Services constitutes acceptance of this Agreement. Member accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by GetMyBoat in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Member understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.
Website Uptime and Display of Member-Generated Content. Uptime. GetMyBoat will use commercially reasonable efforts to ensure that interfaces to Member and User access to GetMyBoat Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the GetMyBoat Website and when service interruptions are caused by conditions outside of GetMyBoat's control. GetMyBoat in no way guarantees that Services will be available without interruption.
Member-Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the "Content") you post on, transmit through, or link from the Website, are your sole responsibility. You agree that GetMyBoat is only acting as a passive conduit for your online distribution and publication of your Content. More specifically, you are entirely responsible for each individual item of the Content that you make available via the Website. GetMyBoat makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant GetMyBoat the rights to use such Content in connection with providing the services.
GetMyBoat is not responsible for any inaccuracy or incompleteness in the information provided by Member. It is the Member's obligation to ensure the accuracy of all listing Content (accuracy of boat description, seaworthiness of boat, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Member discovers that listing details are inaccurate or incorrect, it is the Member's sole responsibility to correct the information in the Member account interface or contact a GetMyBoat representative to resolve any such error.
We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Posting any Content that GetMyBoat deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. GetMyBoat reserves the right to remove Content at its sole discretion.
License. You retain all your rights in your Content. By posting such Content you grant GetMyBoat an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in GetMyBoat's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of GetMyBoat's Service.
Copyright Policy & DMCA Notice of Alleged Infringement
Notification of Copyright Infringement
GetMyBoat, Inc. ("GetMyBoat") respects the intellectual property rights of others and expects its users to do the same.
It is GetMyBoat's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to GetMyBoat's Designated Copyright Agent. Upon receipt of the Notice as described below, GetMyBoat will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to GetMyBoat's Designated Copyright Agent:Data Protection Officer
c/o GetMyBoat, Inc.
950 Tower Lane Ste 2117
Foster City, CA 94404
Photographs. If you choose to use the GetMyBoat's photography service, you agree that GetMyBoat will own all right, title and interest in and to the copyright rights in the resulting images.
Registration. Prior to using Services, Member is required to register on the GetMyBoat Website, and perform all actions necessary to comply with the GetMyBoat Website registration requirements and the Terms.
Responsibility for applicable laws, rules and regulations, some of which, such as tax laws, change from time to time and may affect existing bookings Members agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to a booking and their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of boats, the conduct of their rental business, and the operation of any boat advertised on the Website, including but not limited to taxes, including as set forth herein, permit or license requirements, inspection and safety compliance, and verification of Renter identification and travel documentation, as applicable. It is the responsibility of the member to: fully vet, train, and make Renters aware of safety features, and ensure there is insurance coverage for each rental when acting as a captained charter, Members must ensure they meet all local regulations and licensing to act as a captained charter.
User-Member Communications. You agree that, with respect to other Members' or Users' personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Member or User related to the purpose of the Website (such as inquiring about or booking an on-line rental and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Member or User to any third party without both our consent and the consent of the Member or User. You agree that other Members or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Members' or Users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Member or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the Member's or User's express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.
Content and Layout
All Content and copy edits submitted by Members are subject to review and approval at GetMyBoat's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Member intended.
Member (the "Indemnifying Party") will defend and indemnify GetMyBoat (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party to the extent those taxes were as a result of the Indemnifying Party's failure to notify the Indemnified Party of the change in location of delivery of the boat to the renter and such location resulted in a change in applicable taxes (see next section).
Commencing with bookings made on and after the date set forth at the top of the first page GetMyBoat will commence in some jurisdictions to charge and collect from the User all applicable state, local taxes or other taxes, including VAT, that GetMyBoat is required by law to collect which may not include all applicable taxes on the rental amount and other charges made to the User through GetMyBoat. The collection approach will be implemented over time and not it will not be implemented in every jurisdiction on the date noted. GetMyBoat will notify Members in affected jurisdictions on the date it will commence charging and collecting in the jurisdiction that includes the Member's zip code. Pursuant to this agreement when GetMyBoat commences collection of such taxes, you instruct and authorize GetMyBoat to collect such taxes on your behalf, and to remit such taxes to the relevant authority. Any taxes that are collected and remitted by GetMyBoat will be are identified to Members on their transaction records, as applicable. GetMyBoat may charge and collect additional amounts from Members (including by deducting such amounts from future payouts) in the event that the taxes collected and/or remitted are insufficient to fully discharge such Member's or GetMyBoat's tax obligations. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of taxes in any jurisdiction for any reason.
We hereby certify to the Member that we will collect only such amounts that to our knowledge GetMyBoat is legally required to collect based on the information known to us, and we will remit such collected amount to the applicable taxing authority, which may not include all other taxes or sums the Member is required to collect and remit. The Member is not to collect any taxes from the Renter that GetMyBoat collects and, unless otherwise required in the jurisdiction that includes the Member's zip code, should not report them on any sales and use tax or other tax return for such jurisdiction such Member otherwise files for other taxes collected or remitted on a return for the Member's other taxable activities in the jurisdiction where GetMyBoat collects and remits such taxes. Members should collect and remit all applicable taxes that are not collected by GetMyBoat. GetMyBoat will make the determination of the applicable amount to be charged based on the zip code of the Member on file with GetMyBoat unless and until the Member advises GetMyBoat in writing of a change in the location of where the boat will be delivered to a User. The failure of the Member to immediately and timely notify GetMyBoat of the actual or planned delivery of possession of the boat to a User in a location other than the Member's zip code will result in the Member being liable and obligated to pay or reimburse GetMyBoat for any excess taxes, penalties or interest that is or will be due on such excess taxes.
In certain jurisdictions, the law or regulations may require that we that report information about you, or withhold taxes or other amounts from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold from payouts to you, we may withhold payouts up to the amount as required by law or as we are directed by an applicable governing authority, until sufficient documentation is provided. You agree that GetMyBoat may issue on your behalf invoices or similar documentation to facilitate accurate tax reporting associated with a booking.