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FleetLog Membership and Usage-Terms and Conditions

FleetLog Terms and Conditions

By completing the electronic acceptance process and clicking the acceptance button, you represent and warrant that you: (i) are 18 years of age or older or have permission from a legal parent or guardian; (ii) are, or are authorized to sign for and bind, the contracting party defined below as “customer;” and (iii) have read, understand and agree on behalf of customer to be bound by all of the terms and conditions of this online subscription agreement. If not, do not click the acceptance button to proceed and your registration process will be discontinued.

FleetLog, hereafter referred to as FL, is a web-based database system that allows sailing clubs to keep track of their race, regatta, sailor, scores, statistics and boat activities throughout each sailing season.  As a FL member you agree to receive periodic emails from FL containing information about new features and service options and/or periodic information about special promotions.

This Online Subscription Agreement (this “Agreement”) is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the “Effective Date”), by and between the Digital Moon Design, LLC company (hereafter referred to as DMD), the owner and operator of FL and “Customer,” the individual or entity (example: sailing club) entering into this Agreement. DMD reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of the FL web site.

To subscribe to FL services, Customer must complete the online registration process, including Customer’s electronic acceptance of this Agreement, and FL must then accept such online registration. FL may reject an online registration by a potential Customer in its sole discretion and is not obligated to provide a reason for its rejection. In the event a potential Customer’s online registration is rejected, such potential Customer may submit a new online registration for re-evaluation by FL.

As part of the online registration process, FL will collect certain limited information about Customer (“Registration Data”). All Registration Data provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Registration Data as necessary. FL reserves the right to terminate this Agreement immediately and remove the Customer account and all its related data from the database in the event any Registration Data is found to be inaccurate, incomplete or not current at any time.

As part of the online registration process, Customer will choose a password and a user name. Customer is entirely responsible for maintaining the confidentiality of its password and account, and Customer is solely responsible for any and all activities that occur under its account. Customer agrees to notify FL immediately of any unauthorized use of its account or any other breach of security. FL shall not be liable for any loss that Customer may incur as a result of a third party using its password or account, either with or without its knowledge. Customer may be held liable for losses incurred by FL or another party due to a third party using Customer’s account or password.

As part of the online club registration process, FL may collect certain additional information related to billing and payment matters. Such payment information will include a valid debit card or credit card number with available credit sufficient to pay the applicable Subscription Fees, an election of a preferred billing frequency, and other information as required by FL. All payment information provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such payment information as necessary. FL reserves the right to terminate this Agreement immediately in the event any payment information is found to be inaccurate, incomplete or not current at any time. FL shall not be responsible for any overdraft charge or other fees that may be incurred by FL’s use of Customer’s debit card or credit card. FL currently uses a third-party payment processor for all credit card transactions and thus does not store any credit card, type, number, CVV2 or expiration date.  In the event that a Customer check bounces, Customer will be solely responsible for any fees or charges incurred.

From time to time, FL may offer certain trial and/or promotional offers. FL reserves the right to discontinue or modify coupons, credits, trials and promotional offers at its discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per Customer. The details of any trial or promotional offers applicable to Customer shall be listed on Customer’s or the Club’s “Account” page within the FL Web site.

FL is not responsible for content posted by FL members or by individuals not authorized to use FL. FL does not verify or endorse any content posted by its members. FL is not responsible for the delivery or quality of any goods or services that are advertised by its members on FL. If you believe that any of the content posted by FL members or visitors violates your proprietary rights including copyrights please report it by clicking on the Customer Support link on the FL contact page.

You must be at least 18 years old to sign up as a FL member or have a legal parent or guardian’s permission. As a FL member you are solely and fully responsible for any content posted or viewed by you or visitors to your FL account. Although we review member account content on a spot check basis we cannot establish nor guarantee the legal nature of any such content. We prohibit the posting and mailing of the following content in any member account:

  • nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or intent or that violates local, state or national laws.
  • any material that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright or trademark rights.
  • any material that is threatening, abusive, harassing, slanderous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.
  • content that promotes, encourages, or provides instructional information about illegal activities.
  • hate propaganda or hate mongering, swearing, or fraudulent material or activity.

Upon creation of a membership to FL the new member will receive verification of the membership via an e-mail and will be required to click a verification link.  Access to the complete FL website will be available at that point.

By placing content on the FL website, you represent that the content, photos, titles and descriptions comply with the Terms and Conditions of Use set forth in this section. If any third party brings a claim, lawsuit or other proceeding against FL based on content you post on FL, you agree to compensate FL including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses including attorney's fees incurred by FL in connection with any such claim, lawsuit or proceeding.

FL is the final arbiter of what is allowed and not allowed on the FL website. If a portion of the content in an account is found to be in violation of the Terms and Conditions of Use set forth in this section, the entire account may be removed. If the account is a paid account and if there are credits or money remaining, there will be no refunds for accounts that have been deleted due to violation of the FL Terms and Conditions of Use set forth in this section.

FL reserves the right to modify or remove any content in a member account or to delete a member account at any time without prior notice if that account violates the Terms and Conditions of Use set forth in this section.

FL is not responsible for any financial or personal loss to members using their FL accounts for business or any other purpose for any reason including but not limited to server down situations and accidental or willful deletion of member accounts and/or contents of said accounts.

Information and images stored on FL servers are not meant for permanent or temporary archival purposes. Therefore, FL is not obligated to maintain back-up copies of any material submitted or posted on FL; this policy applies to all types of accounts.  There will be no official way to retrieve images that a member posts to FL.  If an image is stored on the FL sever, it will not be stored at the resolution it was submitted.  A highly compressed, low-res image may be stored at FL's discretion if FL deems it necessary to save an image for any length of time.

FL is not responsible or liable for any monetary losses incurred by members using their accounts for either personal or business, marketing or any other commercial purpose for any reason including but not limited to server malfunction, server crashes or software related problems.

Images from club accounts may be removed at FL’s discretion if the club account is not renewed after each 12 month subscription period.

In order to terminate an FL club account the member must click on the FL Customer Support link on the contact page and submit an account cancellation request. There will be no refunds on account cancellations for any reasons including but not limited to early cancellation, accidental deletion of images, content, addresses or accounts due to server malfunction, server down occurrences, server crashes or problems with software running on the servers.

During the Term of this Agreement, and upon Customer’s payment of all applicable subscription fees, FL will enable Customer to access and utilize the services as contemplated herein, and Customer may access and use the services subscribed to hereunder pursuant to and in accordance with the provisions of this Agreement.

Although FL is not responsible for any such content or communications, FL reserves the right to take any action it deems necessary or appropriate in its sole discretion, with respect to any such content or communications of which FL may become aware, at any time and without notice to Customer.

Customer may not resell, distribute, or otherwise use any of the Services on a timeshare or service bureau basis.

Customer shall not access and/or use any of the Services in any manner not intended by the FL website or that could damage, disable, overburden, impair or otherwise interfere with or disrupt the FL Web site.

No other rights are granted hereunder except as expressly set forth in this Agreement.

This Agreement shall commence on the effective date and continue for the subscription period as stated on Customer’s “Account” page within the FL Web site. Customer may access its “Account” page at any time and update certain account information.

FL reserves the right to terminate this Agreement immediately if Customer breaches any of its material obligations under this Agreement.

Upon termination of this Agreement, Customer will immediately discontinue all access to and use of the Services. FL shall not be liable for any damages resulting from a termination of this Agreement as provided for herein; provided, however, the termination of this Agreement shall not affect any claim arising prior to such termination.

Customer is responsible for all Subscription Fees, and hereby authorizes FL to obtain payment of all such subscription fees in accordance with the payment information, as stated on Customer’s “Account” page within the FL Web site. Customer shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity.

Customer may contact FL to discuss any of the finer points of this lengthy contract.  But in short, we strive to provide you the best service we can and you strive to enjoy it without abusing the site or its members/visitors.  We want you to have a pleasant user experience.  Let us know if you have any questions.  FL Support.

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