How to sail a dinghy – Sailaboat.tv, spinnaker sailing training

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User Agreement

Effective 1st May 2010

Introduction
1. This website is owned and operated by Sailaboat Ltd. We are registered in the UK (technically “England & Wales”) under number 06792596. Our registered office is at The Courtyard, 80 High Street, Amersham, Bucks HP7 0DS, UK. Our trading address is Chalfont Grove, Narcot Lane, Chalfont St. Peter, Bucks SL9 8TW. Our other contact details are specified on our website. Our VAT number is 973 7348 83
2. Please read this user agreement carefully. It cancels and replaces any previous versions. By registering on or using this website you agree to be bound by this user agreement.
Definitions
1. When we refer to "Member" in this user agreement, we mean a registered user of our Service (whether or not a subscriber). "Service" includes our website and also our related videos, software and services. And “Content” covers all information (including images, photos, videos, forum posts, advertisements, messages etc) published or sent by Members on or in connection with our Service including information you supply to us.
Changes to the user agreement
1. We may change this user agreement by posting the revised version on our website for a reasonable period before it becomes effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown. If you are a consumer with a subscription to our Service and you don’t agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can cancel your subscription by giving us notice via the contact us page on our website before the effective date of the revised user agreement.
Right to cancel under Distance Selling Regulations
1. If you are an EU consumer (ie acting for purposes outside a business), you may cancel your subscription within 7 working days of placing your order by informing us using the contact us form on our website or any of the other methods specified in the Distance Selling Regulations http://www.opsi.gov.uk/si/si2000/20002334.htm. Within 30 days of your notice we will refund credit card payments by credit card refund. However, this right of cancellation does not apply once you have started to use our Service – this occurs when you play any video - in which case you agree to performance of the contract starting before the usual cancellation period has expired.
Use of our Service
1. If you become a Member we grant you a limited right to use our Service subject to this user agreement.
2. We make videos available for streaming, not download. Except to the extent that we say otherwise on our website, our “fair usage” requirements are as follows:
  1. the maximum number of different computers/devices that may be streamed to per account is ten; and
  2. the maximum number of times each video can be streamed is 15 times or equivalent total minutes (for example, you can watch a 10 minute video for 150 minutes in total)
  3. You must obtain our written permission (which we may grant or refuse in our sole discretion) to exceed any of these limits.
3. Before subscribing you must ensure that (1) your computer, device and network connection are sufficient to play the free sample video which we make available on the home page or such other location on our site as we may specify and that (2) you meet the system requirements as shown on the FAQ page.
4. You are not eligible for, and must not use or register on, our Service if you are under 18 years of age (unless you have consent from your parent or guardian) or if display of or access to the material contained on this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service eg because the country does not permit display of or access to the material at all or because you are under the relevant age limit in that country.
5. We reserve the right in our discretion to refuse any application to become a Member. You only become a Member when you receive email confirmation from us.
6. The videos and any other content which we make available via the Service are intended for very general guidance but we cannot guarantee that they are accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional advice.
7. You must comply with any guidelines or requirements on our website. You must promptly comply with any reasonable request or instruction by us in connection with the Service.
8. You agree that you will not:
  1. in connection with the Service breach any applicable law, regulation or code of conduct or infringe any rights of others;
  2. publish or send any Content which is or becomes false or misleading, or is sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, or which encourage or assist any of the foregoing;
  3. reveal through the Service any information that enables you to be personally identified or contacted other than through the Service including last name, postal / email address or telephone number;
  4. disclose or make accessible to any third party any password(s), activation code(s) or similar information allocated to Members or use them for any purpose other than authentication for the Service.
  5. publish or send any Content which involves any personal data of another person (ie information enabling someone to be identified or contacted eg name, address, email address, photo etc) unless that person is 18 years or over and you have obtained that person’s explicit written consent;
  6. publish or send any Content which links to any third party websites which are illegal or contain inappropriate content;
  7. use the Service for any commercial, professional or non-private purposes;
  8. use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;
  9. do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings; or
  10. attempt to gain unauthorised access to any part of the Service or equipment used to provide the Service.
9. We reserve the right (but do not undertake) to vet or monitor any Content and to reject, suspend, alter or remove from our Service or to disclose to the relevant authorities any Content if it breaches our terms and conditions or is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
10. It is your responsibility to decide which Content to publish or send (subject to these terms and conditions). While we require in our user agreement that Members use Content only for genuine private, non-commercial purposes, we can’t guarantee that they will comply and therefore we can’t accept legal responsibility if they don’t. Do not send or publish any Content if you are concerned that it may be misused by others.
11. You must notify us immediately if you become aware of any inappropriate Content or inappropriate behaviour by any user of our Service. You can do this via the contact us page on our website.
12. Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. Without prejudice to what we have said above, you are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
13. You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide us is accurate and not misleading and that you will update it so that it remains so.
14. We reserve the right to irretrievably delete any Content following cancellation of your Membership.
Payment
1. Full use of our Service (the ability to view videos) is available only to Members who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Prices include VAT unless otherwise stated.
2. If specified on the payment page of our Service when you subscribed, your subscription will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions on our Service.
3. We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service.
4. You must make all payments without any set-off, counterclaim and/or any other deduction.
5. If any amount due to us is unpaid, we may:
  1. charge reasonable additional administration costs; and/or
  2. charge interest (both before and after judgment) on the amount unpaid at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
  3. stop providing Services.
Cancellation of registration / subscription
1. You may at any time cancel your registration with us (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
2. We may at any time (giving notice by email to the extent reasonably practicable) cancel your registration for or use of our Service without cause. If so, and you are a subscriber, we will refund in full your most recent subscription payment.
3. We may at any time cancel your registration for or use of our Service (giving notice by email to the extent reasonably practicable) if you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority.
4. We cannot be held legally responsible for loss or damage resulting from cancellation of your registration for or of use of our Service provided we act in accordance with this agreement.
5. If we have given notice of cancellation in accordance with this user agreement, you must not attempt to re-register for or use our Service.
6. Following cancellation of your registration for or use of our Service for any reason, all clauses in this agreement which are intended to continue after cancellation will continue to apply.
Functioning of our Service
1. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Service.
2. We will do our best to maintain the operation of our Service and to rectify faults if they occur but cannot guarantee that the Service will be uninterrupted or error-free.
3. We may have to suspend the Service for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place at a time when our Service is least likely to be used and that the suspension is for the shortest period possible.
4. We may make changes to the Service provided that these do not have a significant adverse effect on the quality of the Service.
Third party websites
1. We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
Intellectual property rights
1. All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or Members. You may display, reproduce or otherwise use such content insofar as necessary to view it within our site for genuine, private, non-commercial purposes. You may not otherwise retrieve, display, distribute, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.
2. If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Service.
Liability
1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
3. Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
  1. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  2. such loss or damage is not a reasonably foreseeable result of any such breach;
  3. such loss or damage is caused by you, for example by not complying with this agreement; or
  4. such loss or damage relates to a business.
4. Very important: You will be liable for any loss or damage we suffer arising from your breach of this agreement or misuse of our Service.
"Act of God"
1. Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
Transfer
1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
English law
1. This user agreement shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
General
1. Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us in connection with our Site. Save in relation to statements made fraudulently, the parties both accept that the parties are to have no rights or liabilities in respect of pre-contractual statements and that neither of the parties has relied upon any such statements. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
Complaints
1. If you have any complaints, please contact us via the contact us page shown on our website.

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