Privacy Policy

Last Revised: May 5, 2017 

RECHroom, LLC d/b/a 88ships (the “Company”), is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of all websites owned and operated by the Company including the website located at www.88ships.com and all related websites; our applications and/or APIs (“Application(s)”), (collectively, the “Site”) and online services made available through the Site (“Services”).

1. Questions; Contacting Company; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at legal@88ships.com.

2. User Consent. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

3. A Note to Users Outside of the United States. If you are a non U.S. user of the Site or Services, by visiting the Site, or utilizing the Services and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy.  In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.  By providing your data, you consent to such transfer.

4. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13.  If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible.

5. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.  We collect Personal Data and Anonymous Data, as described below.

A. Information You Provide to Us.

  • We may collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network or Service (“Account”).

  • If you use our Services on your mobile device, including through our Application(s), we may collect your phone number and the unique device id number.

  • When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.

  • We retain information on your behalf, such as files and messages that you store using your Account.

  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

  • When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make public on your public profile page (“Profile”). The information that you provide in your Profile will be visible to others, including anonymous visitors to the Site.

  • When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.

  • When you participate in one of our surveys, we may collect additional profile information.

  • We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.

  • We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.

  • Non-identifiable Data. When you interact with the Company through the Site, we may receive and store certain personally non-identifiable information. Such information cannot presently be used to specifically identify you. We may store such information itself or such information may be included in databases owned and maintained by our Affiliates (as defined below), agents or service providers. We may use such information and pool it with other information to track, for example, the characteristics of businesses that contact us, and we may publish or otherwise disclose such aggregated information.

  • Aggregated Personal Data. In an ongoing effort to better understand and serve the users of the Site, we may conduct research on the characteristics of such users, including but not limited to user demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may publish or otherwise disclose such aggregated information. This aggregate information does not identify you personally.

 

B. Information Collected via Technology.

  • Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

  • Log Files. As is true of most websites, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.  For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.  Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.

  • Cookies. Like many online services, we use cookies to collect information.  “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. 

  • Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users.  In contrast to Cookies, which are stored on a user’s computer  hard drive, Pixel Tags are embedded invisibly in Web pages.  Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users.  We may use this information to reduce or eliminate messages sent to a user.  We do not tie the information gathered by Pixel Tags to our users’ Personal Data.

  • Google Analytics. We use Google Analytics to help analyze how users use the Site.  Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information.  We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google.  Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.  For more information on how Google, go to www.google.com/policies/privacy/ and www.google.com/policies/privacy/partners/.

  • Other Analytics and Tracking Technologies. We may, and we may allow other third party service providers to, use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Site.  We use such information to help analyze how users use the Site, and only to improve our Site, Applications and Services.
    On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

  • Our Site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

 

6. Use of Your Personal Data


A. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better.  We use your Personal Data in the following ways:

  • facilitate the creation of and secure your Account on our network;

  • identify you as a user in our system;

  • provide improved administration of our Site and Services;

  • provide the Services you request;

  • improve the quality of experience when you interact with our Site, Applications and Services;

  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;

  • send you administrative e-mail notifications, such as security, or support and maintenance advisories;

  • respond to your inquiries related to requests;

  • if you provide Personal Data to attend an event, we will use your Personal Data to give you access to that event and track the attendees of the event; and

  • send Company updates, newsletters, surveys, offers, and other promotional materials and for other marketing purposes of Company.

 

B. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation.  We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

7. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

A. Users and User Groups. We will share your Personal data with other Users solely for the purpose of providing the Services.

 

B. Third Party Service Providers. We may share your Personal Data with third party agents, contractors, and other service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company.  When you register for an event through the Site, we will collect Personal Data that may be supplied to the event organizer(s) and sponsor(s).  In addition, for events requiring the payment of a fee, we utilize third parties to help process event payments and you may be required to provide your Personal Data to such third parties for payment processing. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company.

 

C. Affiliates. We may share some or all of your Personal Data with our subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. 

 

D. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

 

E. Social Networking Sites. Some of our Applications and Services may enable you to post content to SNSs (e.g., LinkedIn, Facebook or Twitter).  If you choose to do this, we will provide information to such SNSs in accordance with your elections.  You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs.  We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

 

F. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Site or Services; (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use; (e) to act in urgent circumstances to protect the personal safety of users of the Site or the public; and/or (f) to comply with a legal obligation or protect against legal liability.

8. Third Party Websites. Our Site may contain links to third party websites.  When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites.  We encourage you to read the privacy policies of every website you visit.  The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

9. Your Choices Regarding Information. You have several choices regarding the use of information on our Service:

A. Site. You can visit the Site without providing any Personal Data.  If you choose not to provide any Personal Data, you may not be able to use certain components of the Site.

B. Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above).  Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

 

C. Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

 

D. Changing or Deleting Your Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account or by sending an e-mail to us at the e-mail address set forth below.  You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).  When we delete any information, it will be deleted from the active database, but may remain in our archives.  We may also retain your information for fraud or similar purposes. 

 

E. Applications. You can stop all collection of information by the Application(s) by uninstalling the Application(s).  You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

 

10. Exclusions. This Privacy Policy does not apply to any Personal Data collected by the Company other than Personal Data collected through the Site. In addition, this Privacy Policy shall not apply to any information that we do not directly solicit from you that you provide to 88ships through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site (such as comments or information posted in discussion forums), information provided to the Company or any Company personnel or members by email, information that you otherwise provide in connection with the Site outside of the Site’s regular and intended processes, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and the Company shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

11. Security. 88ships takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Site may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to 88ships via the Internet.

 

12. Changes to This Privacy Policy. We may modify this Privacy Policy from time to time.  You understand and agree that your access to or use of the Site and/or Services is governed by the Privacy Policy effective at the time you access or use the Site and/or Services.  If we make material changes to the Privacy Policy, we will notify you by email or by posting a revised version of the Privacy Policy on the Site.  We will also indicate at the top of the Privacy Policy the date that revisions were last made. You should consult this Privacy Policy on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Site and/or Services after the effective date of modifications to the Privacy Policy indicates your acceptance of the modifications.

 

13. Access to Information; Contacting 88ships. To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Site.

Please also feel free to contact us if you have any questions about 88ships’ Privacy Policy or the information practices of the Site.

You may contact us at: legal@88ships.com.

 

88ships Website Terms of Use

Last Revised: May 8, 2017 

These terms and conditions (the “Terms”) govern your access to and use of websites owned and operated by RECHroom, LLC d/b/a 88ships ("88ships"), including www.88ships.com and any related websites (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with 88ships. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.


1. Definitions

A. Parties

  • “You” and “your” refer to you, as a user of the Site.

  • A “user” is someone who accesses, posts, edits, browses, or in any way uses the Site.

  • “We,” “us,” and “our” refer to 88ships.

 

B. Content

  • “Content” means text, images, photos, audio, video and all other forms of data or communication.

  • “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as posts, comments, invitations, messages, and information that you publicly display.

  • “User Content” means Content that users submit or transmit to, through, or in connection with the Site.

  • “88ships Content” means Content that we create and make available in connection with the Site.

  • “Third Party Content” means Content that originates from parties other than 88ships or its users, which is made available in connection with the Site.

  • “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and 88ships Content.

 

2. Changes to Terms of Use


We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a revised version of the Terms on the Site. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.


3. Using the Site

A. Eligibility.  To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if we have previously banned you from the Site or closed your account.


B. Permission to Use the Site.  We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.

 

C. Site Availability.  The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

 

D. User Accounts.  You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

 

E. Communications from 88ships and other Users.  By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive questions or requests from other Users related to information or events you post of the Site. To the extent you have subscribed to them, you will also receive reading lists and e-mail newsletters about happenings in your area. We provide unsubscribe links in all our email footers if you no longer wish to receive those communications from us.


4. Content


A. Content Guidelines.  The purpose of the Site is to describe the services which 88ships offers and to promote the entrepreneurial and startup community.  It is not intended to be utilized as a forum for self-promotion or for commercial gain by its users (e.g. users are not permitted to promote personal business interests or services through the Site).


B. Responsibility for Your Content.  You alone are responsible for Your Content and assume all risks associated with Your Content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.


C. Our Right to Use Your Content.  We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against 88ships and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.


D. Ownership.  As between you and 88ships, you own Your Content. We own the 88ships Content, including but not limited to the visual interfaces, interactive features, graphics, design and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the 88ships Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the 88ships Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the 88ships Content are retained by us.


E. Other.  We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.


5. Restrictions


A. You agree not to, and will not assist, encourage, or enable others to use the Site to:

 

  • Violate our Content or Event Guidelines as set forth in these Terms;

  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right

  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;

  • Violate any applicable law.

B. You also agree not to, and will not assist, encourage, or enable others to:

  • Violate the Terms;

  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by 88ships;

  • Reverse engineer any portion of the Site;

  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

  • Record, process, or mine information about other companies and/or users;

  • Reformat or frame any portion of the Site;

  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or

  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.


6. Events


A. Events and Acceptance of Terms.  As used below, the term “88 Event” means an event, gathering, promotion, contest, meet-up or the like that is organized or hosted by 88ships.  A “Non-88 Event” means an event, gathering, promotion, contest, meet-up or the like that is organized or hosted by someone other than 88ships, but that may appear or be listed on the Site.  In order to participate or attend an 88 Event you must agree to the terms in this Section 6.  If you find that you cannot or will not agree to such terms, please do not RSVP to or attend any 88 Event.  If you RSVP to any 88 Event or Non-88 Event through the Site, you signal that you have read, understand and agree to these event terms.


B. Assumption of risk/release of liability/indemnity.  Although we try to create a safe environment at 88 Events, accidents happen.  We ask that you do your part to help limit the possibility that you might get injured at an 88 Event.  You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at an 88 Event.  For example, you should ensure that you are in good physical health before engaging in any physical activity at an 88 Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired.  Second, please note that some of the other 88 Event guests may be less responsible than you, and may themselves create additional risks to you despite their best intentions.   In summary, you understand that your attendance and participation at 88 Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.  By the same token, you agree that 88ships is not responsible for any injuries you might sustain at Non-88 Events listed on the Site.


You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and convent not sue 88ships and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys’ fees) which may arise out of, result from, or related in any way to your attendance at any 88 Event or Non-88 Event, except for any gross negligence or willful misconduct on our part.


You further agree to indemnify and hold 88ships, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any 88 Event or Non-88 Event.


C. Photos.  88ships and its sponsors and vendors sometimes take photos and videos at 88 Events, and later use them for promotional purposes.  By participating or attending any 88 Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion.  In addition, if you take any photos or videos of attendees at an 88 Event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have consented to such use.  We do not control Non-88 Events or the people that organize them.  It is possible that organizers or attendees of Non-88 Events will take photos or shoot videos in which you appear and then post them online (including, possibly, on the Site).  By RSVP’ing to a Non-88 event through the Site, you authorize 88ships use of such media for promotion purposes.


D. Termination.  While we hope not to, we may prohibit your attendance at any 88 Event at any time if you fail to abide by the Terms, including this Section 6, or for any or no reason, without notice or liability of any kind.  We reserve the right to cancel any 88 Event at any time, for any reason, and without liability or prejudice.


E. Unofficial Events.  From time to time, members of the 88ships community organize their own meet-ups and events.  Although 88ships representatives may sometimes attend these events, such events are Non-88 Events and are not sponsored or endorsed by 88ships, even when promoted on the Site. All terms and conditions related to Non-88 Events apply equally to such events.  If you organize such an event, you agree not to create the impression that it is sponsored or endorsed by 88ships.  You agree that you will not represent yourself as an employee, representative, or agent of 88ships (unless, of course, you are actually employed by 88ships, in which case these Terms will govern your participation in any 88 Event to the extent such Terms are not inconsistent with 88ships’s standard employment agreements or policies).

 

7. Privacy and Copyright / Trademark Disputes

A. Privacy.  You represent that you have read and understood our Privacy Policy, available at www.88ships.com/legal. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transfe88ed to and processed in the United States.


B. Copyright and Trademark Disputes.  If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:

  • Identification of the copyrighted or trademarked work that you claim has been infringed;

  • Identification of the allegedly infringing content, and information reasonably sufficient to permit 88ships to locate it on the Site (e.g., the URL for the web page on which the content appears);

  • A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;

  • A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf; and

  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).


If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:

 

  • A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner’s behalf; and

  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

  • Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;

  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;

  • A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which 88ships is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to 88ships, or an agent of such person;

  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer.

You can send us your copyright or trademark notices to: legal@88ships.com


8. Suggestions and Improvements


By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against 88ships and its users any claims and assertions of any moral rights contained in such Feedback.


9. Third Parties


The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.


Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, which are incorporated herein by reference.


10. Indemnity


You agree to indemnify, defend, and hold 88ships, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “88ships Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 88ships reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of 88ships. 88ships will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


11. DISCLAIMERS AND LIMITATIONS OF LIABILITY


PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE 88SHIPS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.


A.  THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE 88SHIPS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE 88SHIPS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE 88SHIPS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, OR INFORMATION FOUND ON, OR MADE AVAILABLE THROUGH THE SITE.


B.  THE 88SHIPS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR EVENTS HOSTED BY THIRD PARTIES LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE 88SHIPS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR ATTENDENCE AT EVENTS AND/OR USE OF SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.


C.  THE 88SHIPS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE EVENTS LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


D.  YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.


E.  THE 88SHIPS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE 88SHIPS ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.


F.  THE 88SHIPS ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.


12. Choice of Law and Venue

 

Delaware law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and 88ships (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN DELAWARE.


13. Termination

A. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing 88ships with a written notice of termination.


B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

C. In the event of any termination of these Terms, whether by you or us, Sections 1, and 4 through 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.

14. General Terms

 

A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

D. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

E. Any failure on 88ships’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with 88ships’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

H. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 
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