Terms of Use

Effective 25 May 2018

We are committed to protecting your privacy, and will actively work to safeguard your data and share with you, in plain language, our data usage policies and consent processes. See more under Data Usage Policy and Consent Process below.

Who we are

SwiftHarbour.com, a Division of Yachting’s Best Media Inc, is an online, community-driven, boating guide and booking platform. This website is operated by Yachting’s Best Media Inc. Throughout these Terms of Use and the site, the terms “we”, “us”, “our”, “Swift Harbour”. “SwiftHarbour.com”, “Yachting’s Best”, “yacthingsbest.com” and the “site” refer to Yachting’s Best Media Inc. Yachting’s Best Media Inc offers its Service, including all information, tools and services available from this site or its API to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Data usage policy and consent process

Using our services requires you to share some personal identification and contact information, vessel details and in some cases, credit card, location information, device and connection analytics and more (as discussed “Personal Information” section below). We use your data to provide convenient information sharing and marina booking options, to help marinas maximize their earnings, and to protect the safety and security of our boater users. And we don’t rent or sell your personal data — to anyone. You consent for us to share the above information and “opt-in” by agreeing to our terms of services at registration and thereafter at each subsequent login.  At any time you can contact us at [email protected] to remove your profile and shared data from our records.

You can see more information in our Privacy Policy below.

SWIFTHARBOUR.COM PLATFORM TERMS OF USE

By using Swiftharbour.com, its content, applications, and third-party contributions including content submitted by other users, you agree to the following terms of use.

By visiting our site and/or signing up to the site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Use carefully before accessing or using our website.
By downloading, installing, or using Swiftharbour.com, or its’ content, or using the Yachting’s Best Media Inc service (together, the “Products” or “Services”), or by accessing or using any of the content available within the products, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current Services shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

USE OF THE PRODUCT – Yachting’s Best Media Inc grants you a non-exclusive, non-transferable license to access the Yachting’s Best service to access the Content (as defined below) within the Products and according to the Terms. You are entirely responsible for the use of our Products and Services by anyone with access to your devices and your account information.

RESTRICTIONS ON USE – Unless you have received prior written authorization from Yachting’s Best, you must not:
1. copy, translate, or make derivative works of the Content or any part thereof;
2. redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the any part(s) of Swift Harbour™ system or its content available to third parties;
3. reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof unless this is expressly permitted or required by applicable law;
4. use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
5. delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or
6. use the Products to create a database of places or other local listings information.

APPROPRIATE CONDUCT; COMPLIANCE WITH LAW AND YACHTING’S BEST POLICIES – You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines Yachting’s Best may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
3. upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
4. upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
5. upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
6. download any file that you know, or reasonably should know, cannot be legally distributed in such manner;
7. impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
8. restrict or inhibit any other user from using and enjoying the Products or Yachting’s Best services;
9. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Yachting’s Best services or Content, or collect information about users for any unauthorized purpose;
10. submit content that falsely expresses or implies that such content is sponsored or endorsed by Yachting’s Best;
11. create user accounts by automated means or under false or fraudulent pretenses;
12. promote or provide instructional information about illegal activities;
13. promote physical harm or injury against any group or individual; or
14. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

Yachting’s Best does not accept liability for intellectual property infringement by third party contributors. Third party contributors are solely responsible to ensure they have the permission to provide content in accordance with intellectual property law. Third party contributors are solely responsible for judgements and ratings made of goods and service providers referenced by us which affect their reputation or ability to operate. Yachting’s Best will make every effort to remove offensive contributions from our content within a reasonable time.

CONTENT IN PRODUCTS – Yachting’s Best allows you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, and other related information provided by Yachting’s Best, its licensors, and its users (the “Content”). Additionally, you may choose to access other third party content made available in the Products through Yachting’s Best such as chart weather or tide information. You understand and agree to the following:
1. Map data and related Content are provided for planning purposes only. You must exercise judgment in your use of this Content.
2. Certain Content is provided under license from third parties and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized copying or disclosure of this Content.

API CONTENT – Use of API content is subject to the API provider’s terms of use.  Users are responsible for reading and acknowledging each API providers terms of use before using API content.

THE SERVICES OF THE SITE ARE PROVIDED AS IS., WITH NO WARRANTIES WHATSOEVER
YACHTING’S BEST DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY – Without limiting the generality of the forgoing, you agree that neither Yachting’s Best nor any of its affiliates, employees or agents will be liable to you, or to any other party, including unregistered users of your devices and applications, for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. Yachting’s Best assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any data contained in the Sit.  You acknowledge that the limitations in this Section are reasonable and appropriate.

Yachting’s Best does not accept liability for acts of trespass, direct or indirect, resulting from the use of its Service. Please ensure you have permission to enter private property from someone legally responsible for it, and leave it in its original condition. Please respect the environment.

Yachting’s Best does not accept liability for expenses incurred as a result of the accuracy, use, or unavailability, of its content, applications, or third party contributions by yourself, or a third party, including unregistered users of your devices and applications.

Yachting’s Best does not accept liability for issues relating to rights of entry including, but not limited to, VISAs, citizenship, health or equipment requirements. Please consult with the appropriate agency before travelling.

SWIFT HARBOUR™ RESERVATION REQUEST SYSTEM (TERMS OF USE FOR BOATERS)
TERMS OF USE – Yachting’s Best Media Inc grants you a non-exclusive, non-transferable license to access the Swift Harbour™ Reservations Request System (“Swift Harbour”) according to the Terms. You are entirely responsible for the use of our Products and Services by anyone with access to your devices and your account information.
By using Swift Harbour™, you agree to be legally bound by these terms, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use the Swift Harbour™ reservation request system.

Yachting’s Best Media Inc may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by Yachting’s Best Media Inc. Your continued use of the Swift Harbour™ reservation request system after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Swift Harbour™ and/or Yachting’s Best Media Inc content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of Swift Harbour™ and/or Yachting’s Best Media Inc content requires the prior written permission of Yachting’s Best Media Inc.
2. You agree to use Yachting’s Best Media content and Swift Harbour™ reservation request systems only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Swift Harbour™ and/or Yachtingsbest.com.
3. Your use of Yachtingsbest.com or any online locations connecting to Swift Harbour™ is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by Yachting’s Best Media Inc.
4. You represent and warrant that you (a) have not previously been suspended by Yachting’s Best Media Inc or otherwise banned from the site or reservation request system; (b) are not a direct competitor of Yachting’s Best Media Inc; and (c) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.
5. We grant you permission to use the site subject to the restrictions in these Terms & Conditions. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Yachting’s Best Media Inc does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the site at your own risk.

RESTRICTIONS ON USE – Unless you have received prior written authorization from Yachting’s Best, you must not:
1. copy, translate, or make derivative works of the Content or any part thereof;
2. redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the any part(s) of Swift Harbour™ system or its content available to third parties;
3. reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
4. use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
5. delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or
6. use the Products to create a database of places or other local listings information.

APPROPRIATE CONDUCT; COMPLIANCE WITH LAW AND YACHTING’S BEST POLICIES – You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines Yachting’s Best may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
3. upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
4. upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
5. upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
6. download any file that you know, or reasonably should know, cannot be legally distributed in such manner;
7. impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
8. restrict or inhibit any other user from using and enjoying the Products or Yachting’s Best services;
9. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Yachting’s Best services or Content, or collect information about users for any unauthorized purpose;
10. submit content that falsely expresses or implies that such content is sponsored or endorsed by Yachting’s Best;
11. create user accounts by automated means or under false or fraudulent pretenses;
12. promote or provide instructional information about illegal activities;
13. promote physical harm or injury against any group or individual; or
14. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

MOORAGE VALIDITY, MODIFICATIONS & AMENDMENTS – All products and services offered by Yachting’s Best Media Inc are valid as per the dates displayed on any Swift Harbour™ booking page. Yachting’s Best Media Inc is not responsible or liable for any information that it does not directly provide.
1. All requests for modifications/amendments must be directed to the Swift Harbour™ user directly who will process the request.
2. All date-change requests and amendments are subject to availability by our suppliers and/or service providers; Yachting’s Best Media Inc cannot guarantee the success of any date-change request.
3. Yachting’s Best Media Inc reserves the right to cancel, change or substitute any service or product that you have booked using Swift Harbour™ reservation request system or through Yachtingsbest.com, at any time, for any reason.

PRICING & INCLUSIONS/EXCLUSIONS – Prices listed on Yachtingsbest.com and Swift Harbour™ reservation request systems are typically per vessel per night or per vessel per foot per night, unless otherwise specified.
1. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by the Swift Harbour™ user.
2. Price quotations are subject to change without notice, until a booking has been confirmed.  If unintentional errors in pricing occur as a result of actions of the marina or on the part of Yachtingsbest.com and/or Swift Harbour™ the total moorage price itself may be subject to change at check-in.
Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

PAYMENTS & CANCELLATIONS – Swift Harbour™ reservation requests typically will be paid for at the marina or user facility.
1. Canceling a booking with Swift Harbour™ can result in cancellation fees being applied by the user marinas, as outlined below in their listed cancellation policy at booking.
2. Credit card data may be kept on file to allow the charging of the cancellation fees should a no show occur.

DISCLAIMERS & LIMITATIONS OF LIABILITY – Under no circumstances will Swift Harbour™, Yachting’s Best Media Inc or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Swift Harbour™ regardless of the form of action.
1. The Swift Harbour™ Reservation Request System, Yachting’s Best Media Inc and its agents and suppliers, in assisting in making arrangements for moorage, shore power or any service in connection with the users’ business, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any marina, user or other company or person providing services included in the reservation.
2. Furthermore, Yachting’s Best Media Inc and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any facilities or for any misadventure or casualty or any other causes beyond their control.
3. Yachting’s Best Media Inc’s content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Yachtingsbest.com and/or to the Swift Harbour™ reservation request system, service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
4. Yachting’s Best Media Inc does not warrant that functionality, content or information contained in Swift Harbour™ will be uninterrupted or error free, that defects will be corrected, or that Swift Harbour™ or the servers that make it available are free of viruses or bugs.
5. At Yachting’s Best Media Inc we check and recheck the details about all the products and services we offer for accuracy. However, Yachting’s Best Media Inc does not warrant that functionality, content or information contained on any Swift Harbour™ reservation request system will be uninterrupted or error free, that defects will be corrected, or that Swift Harbour™ and/or Yachtingsbest.com or the servers that make it available are free of viruses or bugs.
6. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

SWIFT HARBOUR™ RESERVATION REQUEST SYSTEM (TERMS OF USE FOR MARINAS)
TERMS OF USE – Yachting’s Best Media Inc grants you a non-exclusive, non-transferable license to access to Yachtingsbest.com and the Swift Harbour™ Reservations Request System (“Swift Harbour”) according to the Terms. You are entirely responsible for the use of our Products and Services by anyone with access to your devices and your account information.
By using the Swift Harbour™, you agree to be legally bound by these terms, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use the Swift Harbour™ reservation request system.

Yachting’s Best Media Inc may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made in Swift Harbour™ by Yachting’s Best Media Inc. Your continued use of the Swift Harbour™ reservation request system after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
1. You agree to use Yachtingsbest.com and Swift Harbour™ reservation request systems only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Swift Harbour™ and/or Yachtingsbest.com.
2. You represent and warrant that you (a) have not previously been suspended by Yachting’s Best Media Inc or otherwise banned from the site or reservation request system; (b) are not a direct competitor of Yachting’s Best Media Inc; and (c) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

USE OF THE PRODUCT – The Marina will market its moorage and related Products and services to its customers through the Marina’s website and swiftharbour.com and is authorized by Yachting’s Best Media Inc. to use the Swift Harbour™ Reservation Request System to sell the marina’s products and services subject to the terms and conditions of this Agreement.
1. Yachting’s Best Media Inc grants to the Marina a non-exclusive, non-transferable worldwide right and license: (i) to access Swift Harbour™; and (ii) to use the Swift Harbour™ and/or Yachtingsbest.com logos, trade names, trade marks and similar identifying material (collectively, the “Licensed Materials”) that Yachting’s Best Media Inc provides to Marina solely in connection with the direct use of the Swift Harbour™ Reservation Request System. The marina may not alter, modify or change the Licensed Materials in any way and is only entitled to use the Licensed Materials during the Term of this Agreement. This license will terminate immediately upon termination of this Agreement. Yachting’s Best Media Inc may revoke the license at any time immediately by giving the marina verbal or emailed notice.
2. The marina grants to Yachting’s Best Media Inc a non-exclusive, non-transferable worldwide right and license to utilize the marina’s name, title, trade mark, logo and similar identifying material in advertising, marketing, promoting, and public relations activities undertaken on Swift Harbour™ and/or through Yachtingbest.com.
3. The Swift Harbour™ Reservation Request System shall make available to the marina a booking button that can be embedded on the marina’s webpage or any other appropriate online location.  In addition, a dedicate booking link on swiftharbour.com will be created to allow customers to make reservations.
4. Swift Harbour™ provides the Marina with a reservation request dashboard (“the dashboard”) through which Marina will be able to track and manage the bookings made through the booking button(s), swiftharbour.com online page and mobile device hosted application(s).
5. Upon termination of this Agreement for any reason Marina agrees to immediately no longer access Swift Harbour™ system and remove:
1. all buttons and HTML links from Marina’s website or any other applicable online location Swift Harbour™ and applicable Yachting’s Best Media Inc pages.
2. any used or referenced licensed Materials to Swift Harbour™ including logos, trade names, trade marks and similar identifying material
3. and destroy any sensitive or private user information relating to reservations taken using Swift Harbour™.
6. The Marina understands that Yachting’s Best Media Inc reserves the right to solicit customers on terms that may differ from those contained in this Agreement or operate websites that encourage direct consumer business. Yachting’s Best Media Inc will not sell Marina customer lists to any third party.
7. Yachting’s Best Media Inc ‘s failure to enforce Marina’s strict performance of any provision of this Agreement will not constitute a waiver of any right to subsequently enforce such provision or any other provision of this Agreement.
8. You agree to use Yachtingsbest.com and Swift Harbour™ reservation request systems only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Swift Harbour™ and/or Yachtingsbest.com.
9. You represent and warrant that you (a) have not previously been suspended by Yachting’s Best Media Inc or otherwise banned from the site or reservation request system; (b) are not a direct competitor of Yachting’s Best Media Inc; and (c) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.
10. We grant you permission to use the site subject to the restrictions in these Terms & Conditions. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Yachting’s Best Media Inc does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the site at your own risk.

RESTRICTIONS ON USE – Unless you have received prior written authorization from Yachting’s Best, the marina must not:
1. copy, translate, or make derivative works of the Content or any part thereof;
2. redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the any part(s) of Swift Harbour™ system or its content available to third parties;
3. reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
4. use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
5. delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or
6. use the Products to create a database of places or other local listings information.
7. in any manner misrepresent or embellish the relationship between the Marina and Yachting’s Best Media Inc and/or Swift Harbour™ nor may the Marina express or imply any relationship or affiliation between Yachting’s Best Media Inc and/or Swift Harbour™ and Marina or any other person or entity except as expressly permitted by this Agreement.
8. purchase any domain name or other right or otherwise contract with a third party to exploit the Yachting’s Best Media Inc or any of its affiliate names, including Swift Harbour™, for the purpose of having Marina website appear as a search result or for any other reason. Violation of this provision by Marina will result in the immediate termination of this Agreement by Yachting’s Best Media Inc.
9. The Marina may not assign this Agreement without the prior written consent of Yachting’s Best Media Inc. Yachting’s Best Media Inc may assign this Agreement at its election.

APPROPRIATE CONDUCT; COMPLIANCE WITH LAW AND YACHTING’S BEST POLICIES – You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines Yachting’s Best may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
3. upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
4. upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
5. upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
6. download any file that you know, or reasonably should know, cannot be legally distributed in such manner;
7. impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
8. restrict or inhibit any other user from using and enjoying the Products or Yachting’s Best services;
9. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Yachting’s Best services or Content, or collect information about users for any unauthorized purpose;
10. submit content that falsely expresses or implies that such content is sponsored or endorsed by Yachting’s Best;
11. create user accounts by automated means or under false or fraudulent pretenses;
12. promote or provide instructional information about illegal activities;
13. promote physical harm or injury against any group or individual; or
14. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

PAYMENTS, CANCELLATIONS & “NO SHOWS” – All booking requests from the Marina’s customers are subject to Swift Harbour™ the “Terms – Use of the Swift Harbour™ Reservation Request System for Booking”, as in effect from time to time.
1. The Marina shall pay Yachting’s Best Media Inc the price of $2 CAD (the “Fee” or “fees”) per accepted booking per night booked (“per booking night”) which will be charged after the reservation has been completed. Should a booking be accepted and then cancelled, either by the customer or the marina, outside of 24hrs prior to the reservation start date, the $2 per booking night will not be charged. The fee is subject to change at any time.
2. The Swift Harbour™ Reservation Request System does not charge customer’s credit cards on behalf of the marina when they book through any button, link or webpage that leads to the Swift Harbour Reservation Request Form (the “Boater’s Booking Tool”). All payments for moorage rendered will be charged for onsite by the marina.
3. Should a customer violate the marinas cancellation policy as selected in the dashboard, the marina will be responsible for recovering the lost fees from the customer. Yachting’s Best Media Inc will, however, assist in any way possible with the recovery of the lost revenue. Should Swift Harbour™ processes payment on behalf of the marina, then Swift Harbour™ shall deduct 4.7% from Marina’s recovered fees to cover credit card fees and administration costs.  Any recovered fees will be posted as a credit within the Swift Harbour™ system and used to offset unpaid or future booking fees.
4. If Marina is the Merchant of Record for the transaction (Marina processes the customers moorage payment), Marina shall be responsible for honoring the agreed moorage price when the booking was made unless there is a gross error on the part of Swift Harbour™ or reasonable grounds to adjust the moorage price based on a marina created discount or an unintentional mistake. Violation of this provision by Marina will result in the immediate termination of this Agreement by Yachting’s Best Media Inc, in its sole discretion, may enter into an incentive agreement with Marina with respect to any additional fees to be paid pursuant to this Agreement.
5. Fees shall be paid for each calendar month on the 15th of the month subsequent to the calendar month in which each booking is checked-in by the supplier. If this Agreement is terminated The Marina shall pay Yachting’s Best Media Inc any Fees due in accordance with the payment schedule set forth in this paragraph or unused credits. All payments are made by credit card with automatic billing unless otherwise agreed by both The Marina and Yachting’s Best Media Inc.
6. Yachting’s Best Media Inc provides no guarantee, warranty or representation as to the amount of Fees that may be generated by Marina pursuant to this Agreement.

DISCLAIMERS & LIMITATIONS OF LIABILITY – Under no circumstances will Swift Harbour™, Yachting’s Best Media Inc or its agents, affiliates, service providers, suppliers, customers and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Swift Harbour™ regardless of the form of action.
1. The Swift Harbour™ Reservation Request System, Yachting’s Best Media Inc and its agents and suppliers, in assisting in making arrangements for moorage, shore power or any service in connection with the users business, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any marina, user or other company or person providing services included in the reservation.
2. Furthermore, Yachting’s Best Media Inc and its agents and suppliers accept no responsibility for any customer actions that result in damage, pilferage, defect in any facilities or any other customer related circumstance that results in any sort of loss for the marina.
3. Yachting’s Best Media Inc’s content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Yachting’s Best Media Inc and/or to the Swift Harbour™ reservation request system, service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
4. Yachting’s Best Media Inc does not warrant that functionality, content or information contained in Swift Harbour™ will be uninterrupted or error-free, that defects will be corrected, or that Swift Harbour™ or the servers that make it available are free of viruses or bugs.
5. The Marina will indemnify and hold Yachting’s Best Media Inc harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance and contents of the Marina’s website.
6. Yachting’s Best Media Inc will not be liable for indirect, special or consequential damages for any loss of revenue, profits, or data arising in connection with this Agreement, even if Swift Harbour™ has been advised of the possibility of such damages. Further, aggregate liability arising with respect to this Agreement will not exceed the total Fees paid or payable to Marina pursuant to this Agreement.
7. Yachting’s Best Media Inc makes no express or implied warranties or representations with respect to the Products offered (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage) in Swift Harbour™ or on Yachtingsbest.com. In addition, Yachting’s Best Media Inc makes no representation that the operation of its website will be uninterrupted or error-free and Swift Harbour™ will not be liable for the consequences of any interruptions or errors.
8. Yachting’s Best Media Inc is under no obligation to advertise, market, promote, or publicize Marina. This license will terminate immediately upon termination of this Agreement.
9. Yachting’s Best Media Inc retains the right to monitor the Marina’s website to ensure that the Marina’s use of Swift Harbour™ is appropriate. In the event Yachting’s Best Media Inc, in its sole discretion, determines that the Marina’s use of Swift Harbour™ is inappropriate, then Yachting’s Best may either notify Marina of any changes to be made or alternatively may terminate this Agreement immediately with either verbal or emailed notice to the Marina. In the event Yachting’s Best notifies the Marina of changes to be made such changes shall be made within seven (7) calendar days, or Yachting’s Best Media Inc may immediately terminate this agreement.
10. The Marina has independently evaluated the desirability of referring customers to the Swift Harbour™ service and is not relying on any guarantee, warranty or representation other than as set forth in this Agreement.
11. The Marina has independently evaluated the desirability of referring customers to the Swift Harbour™ service and is not relying on any guarantee, warranty or representation other than as set forth in this Agreement.

FINAL DISCLAIMER – Yachting’s Best does not accept liability for intellectual property infringement by third party contributors. Third party contributors are solely responsible to ensure they have the permission to provide content in accordance with intellectual property law. Third party contributors are solely responsible for judgements and ratings made of goods and service providers referenced by us which affect their reputation or ability to operate. Yachting’s Best will make every effort to remove offensive contributions from our content within a reasonable time.
This agreement is made and entered into in Vancouver, British Columbia and British Columbia law applies. Swift Harbour™ and Marina are independent contractors and nothing in this Agreement shall be construed as a partnership or joint venture. This is merely an agreement to refer customers to the Products in consideration for a Fee. Any legal proceedings shall be conducted in Vancouver, British Columbia. This is the entire agreement between the parties.
The Marina acknowledges that the Marina has read this Agreement and agrees to its terms and conditions.

PRIVACY POLICY

Yachting’s Best Media Inc is an online, community-driven, boating tourism guide, and operator of the Swift Harbour™ Reservation Request System. By using yachtingsbest.com and/or Swift Harbour™, its content, applications, and third-party contributions including content submitted by other users, you agree to the following Privacy Policy.

This website is operated by Yachting’s Best Media Inc. Throughout this Privacy Policy and the site, the terms “we”, “us”, “our”, “Swiftharbour”. “Swiftharbour.com”,“Yachting’s Best”, “yachtingsbest.com” and the “site” refer to Yachting’s Best Media Inc.

SUBMITTED CONTENT –
1. “Business”, “Personal”, “Boater” and “Tourism Body” Submitted Content – Yachting’s Best may use any area information you provide, whether it be reviews, ratings, area information or any other submitted content for commercial purposes. By providing information, you agree to give us unrestricted rights to its use and distribution for any reason without consultation or compensation.
2. “Professional Content Creator” Submitted Content – Yachting’s Best may use any area information you provide for commercial purposes on Yachtingsbest.com or Swift Harbour. Professional content submitted through the “professional content” submission profile on yachtingsbest.com will not be used for commercial purposes in printed publications officially approved by Yachting’s Best Media Inc. without the express consent of the original author.

At any time, users may contact us directly at [email protected] and we will delete their user profile and data at their request.

PERSONAL INFORMATION – We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, or credit card information.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Yachting’s Best collects and uses Users personal information for the following purposes:

1. To improve customer service – Your information helps us to more effectively respond to your customer service requests and support needs.
2. To personalize user experience – We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
3. To improve our Site – We continually strive to improve our website offerings based on the information and feedback we receive from you.
4. To process transactions – We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to complete the transaction for which the information was provided
5. To send periodic emails – The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

NON-SHARING YOUR PERSONAL INFORMATION – We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

NON-PERSONAL INFORMATION – We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.
Our Site may use “cookies” to enhance User experience. Users’ web browsers place cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may set their web browser to refuse cookies, or to alert them when cookies are being used. Doing so may cause some parts of the Site to not function properly.

THIRD PARTY WEBSITES – Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\’s own terms and policies.

ADVERTISING – Ads appearing on our site may be delivered to Users by advertising partners, who may use cookies. These cookies enable them to deliver targeted advertisements that they believe will be of ] interest to Users. This privacy policy does not cover the use of cookies by any advertisers.

GOOGLE ADSENSE  – Some of the ads may be served by Google. Google’s use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses “non personally identifiable information” and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

CHANGES TO TERMS OF USE & PRIVACY POLICY – Yachting’s Best may update the Terms of Use or Privacy Policy at any time. These updates will be made available for consultation on our Site at your discretion without notification.

CONTACTING US.
If you have any questions about these Terms of Use, Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Yachting’s Best Media Inc.
www.swiftharbour.com
3943 W. Broadway
Vancouver, BC V6R 2C2
Canada
[email protected]

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