bootRunner Terms and Conditions
Last updated: Januari 18 2020
Welcome to the bootRunner website or mobile properties, including related applications or mobile applications (collectively, this “Service”). This Service is provided solely to assist customers in gathering and sharing nautical information, including but not limited to marinas and anchorages, and for no other purposes.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.bootrunner.com website and the bootRunner mobile application (the “Service”) operated by Mathijs Mortimer (“us”, “we”, “our” or “bootRunner”).
Your access to bootRunner and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service (“you”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the content shared on our platform. When you post, create or make content available through our service, you must be the owner or creator of the content, i.e. you must own the rights to that content.
As a condition of your use of our Service, you warrant that (i) all information supplied by you on our Service is true, accurate, current and complete, (ii) if you have a bootRunner account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 16 years of age or older in order to register for an account and contribute to our Service. bootRunner does not knowingly collect the information of anyone under the age of 16. (iv) users under the age of 16 need authorization from his/her parents or his/her legal representative for creating an account, complying to these Terms. bootRunner will not accept any liabilities in case this authorization has not been granted. We retain the right at our sole discretion to deny access to anyone to our Service, at any time and for any reason, including, but not limited to, violation of this Agreement.
Reviews & comments
Our service is intended to hear from you and let you share your experiences, which we appreciate highly. Please be aware that by submitting content to this Service by postings or otherwise, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant bootRunner a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that bootRunner may choose to provide attribution of your comments or reviews at our discretion. You further grant bootRunner the right to pursue at law any person or entity that violates your or bootRunner rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You are solely responsible for your use of the bootRunner Services and use them at your own risk. By using any Services, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including bootRunner;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Service in which such Content is posted; or
- Content or links to content that, in the sole judgment of bootRunner, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying this Service, or (d) which may expose bootRunner or its affiliates or its users to any harm or liability of any type.
bootRunner takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is bootRunner liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of Services, bootRunner is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other online areas. Although bootRunner has no obligation to screen, edit or monitor any of the Content posted to or distributed through our Service, bootRunner reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on our Service at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Service at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by bootRunner or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release bootRunner, and its licensees, successors and assigns, from any claims that you could otherwise assert against bootRunner by virtue of any such moral rights.
Any use of our Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use this Service.
Links to other web sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by bootRunner.
bootRunner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that bootRunner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
The content and information on our Service (including, but not limited to, messages, data, information, text, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Service. Additionally, you agree not to:
- Use our Service or its contents for any commercial purpose
- Access, monitor or copy any content or information of our Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of our Service for any purpose without our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of our Service into any other website without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by bootRunner in connection with our Service.
bootRunner believes in protecting your privacy. In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect bootRunner systems, assets, employees, members and customers; (b) to ensure the integrity and operation of bootRunner business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. bootRunner right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, shall take precedence over any terms of the bootRunner privacy and cookies policy. For further details on the bootRunner privacy and cookies policy, you will find a more detailed policy on the bootRunner website.
Jurisdiction and governing law
All rights, obligations, specials, orders and agreements that fall under these general terms and conditions, and under this condition, are applicable under Dutch Law and Jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions regarding these Terms and Conditions, please contact us via email.