Last Updated: March 14, 2025
1. INTRODUCTION AND ACCEPTANCE
1.1 Agreement to Terms
By accessing, browsing, or using this website ("Site"), including any mobile applications or related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), which form a legally binding agreement between you and "BOAT" ("Company," "we," "us," or "our").
1.2 Eligibility
By using the Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and possess the legal capacity to enter into a binding agreement.
1.3 Modification of Terms
We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 Ownership of Site Content
All content on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Content") is the property of the Company or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2 Third-Party Content and Trademarks
As a service provider, we may display third-party trademarks, logos, service marks, and other proprietary materials. All such third-party content remains the exclusive property of the respective owners and is protected by applicable intellectual property laws. Our display of this content does not imply any ownership rights or endorsement by these third parties beyond our established service provider relationship.
2.3 Limited License to Users
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any resale or commercial use of the Services or Content; any collection and use of product listings, descriptions, or prices; any derivative use of the Services or Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
2.4 Restrictions on Use
Except as expressly permitted in these Terms, you may not:
- Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Services or Content for any commercial purpose without our express written consent
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
- Use any meta tags or any other "hidden text" utilizing our name or trademarks
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services or Content
- Remove any copyright, trademark, or other proprietary notices contained in the Content
3. USER ACCOUNTS AND RESPONSIBILITIES
3.1 Account Creation and Security
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user due to someone else using your account or password.
3.2 Accurate Information
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3 User Conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe upon or restrict the use by any third party. Prohibited conduct includes, but is not limited to:
- Using the Services in any way that violates applicable federal, state, local, or international law or regulation
- Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
- Using any robot, spider, or other automatic device, process, or means to access the Services for any purpose
- Introducing any viruses, trojan horses, worms, logic bombs, or other harmful material
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
- Impersonating or attempting to impersonate the Company, a Company employee, another user, or any other person or entity
4. PRIVACY AND DATA PROTECTION
4.1 Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
4.2 Data Processing
We process personal data in accordance with applicable data protection laws. By using our Services, you consent to such processing and you represent and warrant that all data provided by you is accurate.
4.3 Cookies and Tracking Technologies
We use cookies and similar tracking technologies to track the activity on our Services and hold certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
5. THIRD-PARTY LINKS AND CONTENT
5.1 Third-Party Websites
The Services may contain links to third-party websites, services, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
5.2 Third-Party Applications and Services
We may offer integration with third-party applications, websites, or services to make available content, products, or services to you. These third-party services may have their own terms and conditions of use and privacy policies and your use of these third-party services will be governed by and subject to such terms and conditions and privacy policies.
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
6.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
6.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
- ANY CONTENT OBTAINED FROM THE SERVICES
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
6.3 Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
7. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Content, Services, or products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
8. DISPUTE RESOLUTION AND GOVERNING LAW
8.1 Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of República Argentina, without regard to its conflict of law principles.
8.2 Dispute Resolution
Any dispute arising out of or relating to these Terms, including any question regarding its existence, validity, or termination, shall be resolved as follows:
8.2.1 Informal Resolution
Prior to initiating any formal legal proceeding, you agree to attempt to resolve the dispute informally by contacting us at contact at boat.media. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days of submission, either party may proceed with formal resolution methods.
8.2.2 Formal Resolution
Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of República Argentina, and you hereby consent to personal jurisdiction and venue in such courts.
8.3 Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
9. TERMINATION
9.1 Termination by Us
We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
9.2 Termination by You
You may terminate these Terms at any time by discontinuing use of the Services and closing your account.
9.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. The following provisions survive termination: Intellectual Property Rights, Disclaimers and Limitations of Liability, Indemnification, Dispute Resolution and Governing Law, and any other provision that by its terms or nature is intended to survive termination.
10. GENERAL PROVISIONS
10.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services.
10.2 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
10.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
10.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
10.5 Force Majeure
We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
10.6 Export Control
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.
10.7 No Agency
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.