The Herring Bay Yacht Club (hereafter referred to as HBYC) web site provides features and content designed to help support the operations and activities of HBYC through interaction with club constituents; including but not limited to HBYC Members, HBYC Sponsors, HBYC Officers, yachting and boating organizations, HBYC visitors, and more.

Agreement Between User and Yacht Club

All users of the web site are subject to the following terms and conditions of use (herein referred to as the Terms of Use).  By accessing or using this web site, you agree that you have read, understand, and agree to be bound by these Terms of Use.  You accept full responsibility for your actions, the legality and ownership of your content, and the consequences of your actions (intended or not).

Modification of these Terms of Use

HBYC reserves the right to change the terms, conditions, and notices under which the HBYC web site is offered without notice by posting changes to this Terms of Use.  Users of the HBYC website are obligated to periodically check the terms of use as a condition of continued access to the website.

No Unlawful or Prohibited Use

You agree to use the HBYC website only for lawful purposes related to your membership (or possible membership) in HBYC or related to your pursuit/participation in activities supported or run by HBYC.   You agree that you will NOT use the HBYC web site to:

  • Upload or transmit content that is unlawful, obscene, racially or ethnically objectionable, abusive, threatening, harmful, hateful, incites or suggests violence, defamatory, libelous, or otherwise objectionable according to the club or community standards.
  • Upload, forward, or distribute content of an adult nature (lewd or lascivious) to or through the website.  Such content may be seen or distributed to children of Members, Sponsors, and other authorized users of the web site.
  • Upload content (as data or executable code) that can damage computers of HBYC, hosting service, or users computers or devices in any way, including but not limited to viruses, malware, bots, etc.  directly or as part of otherwise normal assets (e.g. documents, photos, PDFs, etc.).
  • Upload content that you do not have the legal right to upload (through ownership, license, or permission), that violates any copyright, trademark, patent, trade secret.
  • Distribute personal information of HBYC members or Use in any way that could cause harm to the HBYC or members &/or their privacy.
  • Violate legal rights of others (including but not limited to the right or privacy).
  • Violate (or incite/recommend others to violate) any laws or regulations (local, DHS, USCG, FCC, etc.)
  • Engage in conduct that inhibits, restricts, or infringes on the enjoyment of the website by others (including, but not limited to, Members, Sponsors, Officers, and site visitors).
  • Collect information on others (through surveys or other instruments) nor distribute information on others obtained through your interaction on the website (including but not limited to Club Roster, member directory, information provided by site users in forums/discussion boards, etc.).
  • Impersonate any person, entity, or represent a false or incomplete affiliation with an organization (including, but not limited to, other Members of HBYC, Officers of HBYC, site Administrator, visiting Yacht clubs, maritime organizations, government agencies, etc.)

Removal of Content

HBYC reserves the right to remove any content, information, or materials from the web site without explanation, which we determine (at our sole discretion) to be in violation of any of the above named restrictions or HBYC policy and/or By-Laws.  These actions will be performed on a “best effort” basis, and  recognizing that HBYC cannot review all content, information, and materials that are posted to the web site, nor guarantee that such objectionable material will be removed immediately.  HBYC assumes no liability for any action nor inaction regarding such content, information, and material uploaded to the web site.

If you believe that your intellectual property is being violated in some manner on the web site, please notify HBYC immediately.  Please provide a clear description of where the material appears on the HBYC web site (e.g. specific page name, location, etc.), along with documentation to allow us to verify/validate your claim and authority to file this request/notification.  Be sure to provide your complete contact information along with your request.

Privacy & Protection of Personal & Financial Information

You acknowledge and accept that HBYC will release personal information to satisfy the requirements of law, regulation, legal process, government request by court order of competent authority, and to enforce these Terms of Use to protect the users of the HBYC website and Officers of HBYC.

Always use caution with giving out any personally identifying information about yourself, your family, children, and guests.

The HBYC website does NOT collect nor store any financial information for any users, visitors, Officers, or site visitors.  At no time will the HBYC website ask you for banking or account information.  The HBYC website may redirect registered users to entities which may use PayPal or other traditional merchant account software for purchases of tickets or products, and HBYC has no control nor liability over the systems, data storage, and/or policies used by these entities.

 Your HBYC Account

If you are a registered user or member of the HBYC website, you will receive a user name and cryptic, auto-generated password on your initial use.  You are obligated to immediately change that password.  The HBYC website does NOT allow for site Administrators to ever see your password.  The HBYC website allows for users to automatically reset passwords, through a process that will use the primary email address provided by the user.    It will be your responsibility to protect your user name and password, and to keep all demographic and required information in the HBYC website current, including but not limited to your primary email address that will be used by the HBYC website for all communication.

 Copyright Restrictions, Trademarks, Licenses, and Use of Content

 HBYC will not own content provided, but by posting you 1) warrant ownership, and 2) grant HBYC necessary sub-licensee permission, including granting permissions for use to others.

The contents of this website, including documents, web pages, as well as club specific logos and graphic images are copyrighted by HBYC and are protected by US and International laws regarding copyrights and trademarks.  You agree that all messages and information posted on the HBYC website become the property of HBYC and may be used as HBYC may see fit.

You are authorized to use this information as a member or prospective member of HBYC.  You may not use this information to create derivative works nor distribute it to others as if it were your own.

You are not permitted to reproduce, sell, or use this information for any commercial purposes without HBYC written permission.  You are also not permitted to resell or redistribute the products and services provided by HBYC, including but not limited to tickets for “club member only” events.

HBYC website provides a means for the uploading, sharing, downloading, copying, and printing of photos provided by HBYC members documenting various events (club events and otherwise).  By uploading you agree to allow such non-commercial capture and reproduction by other club members.  By downloading you agree that you will not use any photos for commercial purposes without obtaining permission of the copyright owner or HBYC (by sub-licensee rights stated above).

HBYC and any logos, slogans, or tag lines are trademarks of HBYC and may not be used in any commercial manner without written permission from HBYC.  Other products or service marks contained herein are used for identification purposes only and may be registered trademarks or trademarks of their respective owners.

Disclaimer of Warranties and Limitation of Liability

The HBYC website is provided “as is” and is provided on an “as available” basis…

Indemnification

You agree to indemnify and hold harmless…

Third Party Events

From time to time, HBYC may post events sponsored by third parties.  HBYC will make a reasonable effort to verify information for those events, but HBYC will not certify the accuracy of that information and will not be liable for any errors or omissions.

Third Party Links

This HBYC website may contain links to other third party websites not controlled by HBYC and HBYC is not responsible for the accuracy, quality, or content of information, products, services, or policies of those third party providers.  Your use of such websites is at your own risk, and is subject to the terms of use and/or conditions of those websites.  A reference or link from this website to any products, services, events, or information by trademark, trade name, or manufacturer does not constitute or imply an endorsement, sponsorship, or recommendation from HBYC and can not be referenced as such without expressed written permission from HBYC.

Termination

HBYC reserves the right to terminate your website account if you do not renew your membership when it is due to expire in accordance with the club policies as outlined in the HBYC By-Laws, or the HBYC website CONOPS (Conditions of Operations), or as directed by the HBYC Board.

Additionally, HBYC reserves the right to terminate any website user for non-compliance with the terms of use outlined herein.

Disputes

All disputes will be handled  through the appropriate state or Federal courts in the state of Maryland…

If a court should hold any provision of this agreement invalid, or unenforceable, all other provisions shall remain in full force and effect, and such provision deemed unenforceable or invalid shall be modified to the minimal extent necessary to render it enforceable without losing its intent or severed from this agreement if no such modification is possible.

 

Any questions, concerns, comments, or suggestions should be addressed to:

HBYC Commodore
Herring Bay Yacht Club
P.O. Box 47
Tracy’s Landing, MD  20779