Terms of service.
Introduction
These terms and conditions by DC Sailing Community LLC (herein known as "DCSC") govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to DCSC's use of cookies in accordance with the terms of DCSC's privacy policy.
License to use website
Unless otherwise stated, DCSC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed where it furthers the cause of DCSC.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without DCSC express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without DCSC's express written consent.
Restricted access
Access to certain areas of this website is restricted. DCSC reserves the right to restrict access to other areas of this website, or indeed this entire website, at DCSC's discretion.
If DCSC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
DCSC may disable your user ID and password in DCSC's sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to DCSC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to DCSC the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or DCSC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
DCSC reserves the right to edit or remove any material submitted to this website, or stored on DC Sailing Community LLC's servers, or hosted or published upon this website.
Notwithstanding DCSC's rights under these terms and conditions in relation to user content, DCSC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. DCSC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, DCSC does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
DCSC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if DCSC has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit DCSC's liability in respect of any:
death or personal injury caused by DCSC negligence;
fraud or fraudulent misrepresentation on the part of DCSC; or
matter which it would be illegal or unlawful for DCSC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You agree that you will not bring any claim personally against DCSC in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect anyone acting on behalf of DCSC.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify DCSC and undertake to keep DCSC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by DCSC to a third party in settlement of a claim or dispute on the advice of DCSC legal advisers) incurred or suffered by DCSC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
All customer participants of "Cruising Adventures" must agree to indemnify and hold DCSC, its affiliates and captains harmless for any injury or death arising from swimming, windsurfing, kayaking, or the use of dinghies, snorkels, masks, scuba equipment, or other equipment, the use of drugs, consumption of alcohol, unauthorized motoring, sailing or motoring in areas designated as hazardous by DCSC of the charter companies it engages with. DCSC and its member Skippers are not held accountable for any injury caused by malfunction of a vessel that is not owned and maintained by DCSC. In the case of an injury, the passenger remains responsible for the negligent acts that may result in harming the passenger and fellow crew.
Behavior & Conduct
The DCSC Skipper has the right to suspend the activity and participation of a client on any DCSC 'Cruising Adventure' if behavior is erratic, unsafe, belligerent, or defiant of the Skipper's commands and orders. Registrant will not be refunded and will be responsible for any and all extra financial costs if they are required to disembark before the end of the trip. Erratic and unsafe behaviors includes but is not limited to excessive drinking of alcohol, unsafe practices aboard, damaging the boat, willful defiance of the Skipper and their commands (in regards to safety), sexual harassment, physical and verbal violence. It is the right of the Skipper to judge erratic behavior has they deem fit for the situation.
Breaches of these terms and conditions
Without prejudice to DCSC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, DCSC may take such action as DCSC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
DCSC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
DCSC may transfer, sub-contract or otherwise deal with DCSC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions. together with our Privacy Policy, constitute the entire agreement between you and DCSC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the United States of America, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Washington, DC.
Registrations and authorizations
DCSailingCommunity.com is registered with Squarespace.