Links to Third-Party Websites: This Website may contain links to websites that are maintained and controlled by third parties and not by BP. The third parties maintaining and operating such websites are solely responsible for their websites' content. We disclaim all liability for any information, materials, products, or services available on or offered through such third-party websites. We provide links to third party websites solely as a convenience to you, but we do not endorse or sponsor any third party or their products or services. Availability of a link to a third-party website from this Website does not create an affiliation or partnership between BP and any third party. You should also be aware that third parties have different terms and conditions and privacy policies governing use of their websites and may treat your personal information differently than BP does. We remind you to always use good judgment and discretion whenever browsing the Internet, especially when making purchases, obtaining information, or transmitting information.
Unauthorized Use: BP's primary goal is to facilitate and promote aspects of the boating industry, including travel needs associated therewith, and all user activities and content posted by users must be consistent with this goal. You agree not to use the Website for any illegal purpose, including, without limitation, transmitting any information that is unlawful, libelous, harassing, abusive, threatening, obscene, hate speech, illegal, invasive of another's privacy, or includes another person's or organization's identification information or sensitive financial information without permission, that promotes violence or self-harm, or that violates the rights of others. You also agree not to collect BP users' content or information using automated means without permission, to conduct unlawful, multilevel marketing such as pyramid schemes, to upload viruses or other malicious code, to attempt to obtain login information and other nonpublic user data belonging to another BP user, to use the Website in a way that is unlawful, misleading, malicious, harmful, or discriminatory, or to do anything that could disable or impair the proper working of the Website. You also agree only to use this Website for your own personal and internal business purposes and not to make any unauthorized commercial use of this Website or any information contained therein. BP will be the sole judge of whether user content and/or activity is consistent with BP standards. BP may remove content that it considers objectionable, and, in cases of suspected illegal activities, BP may notify law enforcement agents as appropriate.
Our Intellectual Property: You acknowledge and agree that BP, our licensors, and/or our service providers own and retain all rights to this Website and its content, including without limitation, all images, text, software, photos, sound recordings, graphics, and videos. You may access and use the foregoing only for your own internal, informational, noncommercial purposes as expressly permitted under this Agreement. You may not copy any of the material on this Website, upload, post, publish, transmit, or distribute it in any way, or create other works based on it, without BP's prior written consent. You may, however, make copies incidental to, and in the ordinary course of, your personal or internal business use of this Website, provided you do not remove or alter any copyright, trademark, or other notices or disclaimers.
Copyright Protection: We respond to notices of alleged copyright infringement and terminate accounts and postings of infringers (and repeat infringers) according to the process set out in the U.S. Digital Millennium Copyright Act. If you think someone is violating your copyrights and want to notify us, please contact us at [email protected]
If you are a website that links to ours and you object to our website embedding or linking to your media on our website, please let us know and we will work with you to address the situation promptly, including removal of such links or embedded material if necessary.
Your Content in Our Services: Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send, or receive content to or through BP's Services, you provide BP (and our licensors and/or our service providers) with a worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content functions in a preferred fashion in accordance with our Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant to BP and our licensors and/or our service providers as part of this license are for the limited purpose of operating, promoting, and improving BP's Services, and to develop new services for customers like you. This license will continue even if you stop using our Services. For example, if the user is a photographer and uploads his/her photographs to the Website, BP recognizes that the user is still the owner of the photographs. At the same time, BP also recognizes (and the user, by using the Website, agrees) that BP has the right to use such photographs in promotion of the Website, for example in marketing materials, without payment to the user.
The user also allows everyone, including all other BP users and people unconnected to BP, to access and use that Website posted information and to associate it with the user (e.g., the user's name and profile picture). When a user modifies or deletes data from the BP website, the original data may still be present in backup copies for a reasonable period of time and potentially could be restored to the Website if the backup copy is reinstalled because of a system failure. When a user terminates a BP account, the data may still be present in back-up copies, but will no longer be available to others. Additionally, when a user modifies or deletes data from the BP website or terminates a BP account, BP reserves the right to hide such data from public view but to retain administrator access and privileges to such data for as long as BP deems necessary and reasonable. If a user desires to delete data permanently from the BP website, the user may make such a request to BP in writing, which request BP will reasonably consider but reserve the right to retain backup copies in any event. When a user submits feedback and suggestions regarding the Website, the user gives BP the right to use the submitted information as BP sees fit without compensation or any other obligations.
Some of our Services may offer you ways to access and remove content that has been provided to us and on the website. Also, in some of BP's Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services, enabling you to control to some extent how the content can be used. Notably, our systems may analyze your content (including postings) to provide you personally relevant features, customized search results, tailored advertising, and spam and malware detection. This analysis occurs when the content is sent and received, and later stored. You can modify or delete posted content, you can terminate your BP account, and you can report to BP any perceived inappropriate site content or activities by other site users. BP may consider and take actions based on these reports, but assumes no responsibility to do so.
Use of the Website: By using the Website, you agree:
BP's Administrative Rights: By agreeing to the Terms set forth herein, you acknowledge and agree that BP has certain rights with respect to the administration of the Website and the content located therein. Among other things, you acknowledge and agree that: (1) BP administrators have the right to flag existing profiles as sponsors for items, including but not limited to the right to edit the members' profile pages and associated profile elements and content to reflect their agreed status as a sponsor or advertiser or featured user, profile and profile elements such as path, works, quotes, viewpoints, stories locations, influences, events, etc., or to remove and delete sponsors or advertisers or featured user or item as appropriate; (2) BP administrators have the right to edit content on any and all of the Website's pages, including but not limited to banner advertisements, user descriptions of items such as events, stories, works, etc., and to place restrictions on the types and amount of permissible content, including imposing character limitations; (3) BP administrators have the right as appropriate to delete user profiles, to place user profiles on hold, to notify users of inappropriate content, to access users' emails addresses to send communications to said users, and to sell or use users' email addresses for other purposes, provided that users are able to opt out of such sale or alternate usage of their email addresses; (4) BP administrators have the right to delete items on the Website and to edit content associated therewith, to place restrictions on the types and amount of permissible content, to place items such as profiles on hold, and to notify associated users of impropriate content. BP reserves the right to delete or modify all user data.
Disclaimer of Warranties. While BP tries to ensure that the information on this Website is accurate and up-to-date, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
BP MAKES NO WARRANTY OR REPRESENTATION THAT (A) THE WEBSITE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS; (C) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE, OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE INFORMATION OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND BP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS, INCOMPATIBILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. BP IS PROVIDED AS IS, WITHOUT ANY IMPLIED WARRANTIES.
Limitation of Liability. YOU AGREE THAT BP WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY HARMS, INJURIES, OR CLAIMS FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE WEBSITE; (B) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PERSON USING OR ACCESSING THE WEBSITE; (E) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE OR YOUR USE OF OR ACCESS TO THE WEBSITE.
Indemnification. EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, YOU AGREE TO INDEMNIFY, PROTECT, AND FULLY COMPENSATE BP AND OUR SERVICE PROVIDERS AND LICENSORS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES, AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF OR ACCESS TO THIS WEBSITE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Entire Agreement. This Agreement sets forth the entire agreement between you and BP regarding your access to and use of the Website and supersedes all prior agreements regarding your use of and access to the Website. You acknowledge and agree that no practice or course of dealings between you and BP, nor any oral representations by any of our representatives, which are different than the terms of this Agreement shall constitute a modification or amendment of this Agreement. In the event that any provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be reformed and interpreted so as to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Choice of Law and Venue. This Agreement will be governed by the laws of the State of Missouri and applicable federal law, without reference to the conflicts of law principles of the State of Missouri. For purposes of any action or proceeding arising out of this Agreement, you hereby consent and submit to the personal jurisdiction of all federal and state courts serving St. Louis County, Missouri, and agree not to raise any objections based on lack of personal jurisdiction of such courts, improper venue in such courts, or inconvenience of the forum.