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Ireland's sailing, boating & maritime magazine

Terms & Conditions

Baily Publications Ltd / Afloat (Afloat.ie) is committed to protecting the privacy of our website users. In this policy we set how we will deal with your personal details.

Any information collected and stored will be of the following kind:

  • Your visits and use of our website.
  • Information provided for the use of registering and/or subscribing to and/or using our website service.
  • Information provided for business purposes, boat sales, subscriptions, quotes, analysis etc
  • Newsletters.

Website Visits

We may collect information about your visits to our website such as IP address, location, browser type, referral source, length of visit and number of page views. This information may be used to improve our website's usability and for marketing purposes.

Cookies are used on this website. A cookie is a text file sent by a web server to a web browser and stored in the browser. The file is then sent back to the server each time the browser requests a page form the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored by your browser on your computer's hard drive. The information we obtain from the cookie could be used to improve the website's usability and for marketing purposes. We may also use that information to recognise your computer when you visit our website, and to personalise our website for you. Browsers usually will allow you to refuse cookies but this could have a negative impact on the usability of many websites.

Using your personal data

Personal data submitted on this website could be used for the purposes specified in this privacy policy or in any relevant parts of the website. Your posts to the Baily Publications Ltd / Afloat Forum will be identified to readers with your name and/or nickname. Forum users are asked to use their correct name in registering, to identify their posts to the site. We discourage the use of anonymous posts as this tends to diminish the quality of posts. This information will also be used to identify who is contributing to the forum at any one time. This forum is an online sailing community. Therefore any information you supply to the forum - such as name, gender, club, website etc - can be available to other registered users in this community. Please go to the Forum Rules section for more details on this section.

Please go to the Boats for Sale Rules section for more details on this section.

In addition, we may use your personal information to:

  • Improve your browsing experience by personalising the website.
  • Send information (other than marketing communications) which might be of interest to you by post or email.
  • Provide other companies with statistical information about our users; however, this information will not be used to identify an individual user.

We will not provide any personal information to a third party unless you have given your permission by registering this data on the forum.

Other Disclosures

In addition to disclosures already discussed we may need to disclose the following information:

  • Where a country's legal system requires us to disclose your personal information.
  • In connection with any legal proceedings or prospective legal proceedings.
  • In order to establish, exercise or defend our legal rights. (including providing information to others for the purposes of fraud prevention and reducing credit risk)
  • Except as provided in this privacy policy, we will not provide your information to third parties.

Correction of Personal Data

You have the right to be supplied with a copy of the personal data we hold about you, and to have it corrected if inaccurate, or erased if we do not have a legitimate reason for continuing to hold the data.

RSS Feeds

RSS feeds are a simple and effective way of keeping up-to-date with your favourite websites. Instead of having to visit individual sites to see if new content has been added, you can use RSS feeds to tell you when pages you're interested in have been updated.

How do I make use of RSS?

To use RSS, you will need to obtain an RSS aggregator which allows you to collect and display feeds from your favourite websites in a single location on your computer.

What are the terms and conditions?

The feeds are provided free of charge for use by individuals and non-profit organisations for personal, non-commercial use. The Terms and Conditions are available below:

Baily Publications Ltd / Afloat RSS Feed: Terms and Conditions

1. Baily Publications Ltd / Afloat and Baily Publications Ltd / Afloat.ie is part of Baily Publications Ltd / Afloat which operates and manages this sector. By using the Baily Publications Ltd / Afloat Site you agree to be legally bound by these Terms and Conditions. If you do not agree to be legally bound by all the following terms you should not access and/or use the Baily Publications Ltd / Afloat Site.

2. Baily Publications Ltd / Afloat reserves the right to change these terms from time to time. By continuing to use the Baily Publications Ltd / Afloat Site after changes are posted you agree to be legally bound by these terms as updated and/or amended.

Lawful Use

3. Subject to the terms of these Terms and Conditions, Baily Publications Ltd / Afloat grants you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from Baily Publications Ltd / Afloat via the Baily Publications Ltd / Afloat Feed ("Baily Publications Ltd / Afloat Content").

4. All title, ownership rights and intellectual property rights in and to the Baily Publications Ltd / Afloat Feed shall remain the property of Baily Publications Ltd / Afloat.

5. Nothing in these Terms and Conditions grants you any right to use the Baily Publications Ltd / Afloat trade marks on your Site or elsewhere.

6. You may not use the Baily Publications Ltd / Afloat Feed or display any Baily Publications Ltd / Afloat Content on any Site that is a web site that is excluded by Baily Publications Ltd / Afloat (scroll down for the list of Excluded Websites as may be amended by Baily Publications Ltd / Afloat from time to time).

7. You must ensure that all Baily Publications Ltd / Afloat Content on your Site has an accreditation to Baily Publications Ltd / Afloat in accordance with Baily Publications Ltd / Afloat Accreditation Guidelines (see the Baily Publications Ltd / Afloat Accreditation Guidelines below as same may be amended by Baily Publications Ltd / Afloat from time to time).

8. You may not directly or indirectly charge users specifically for accessing Baily Publications Ltd / Afloat Content or otherwise commercialise such Baily Publications Ltd / Afloat Content, nor attempt to re-sell the Baily Publications Ltd / Afloat Content in any way.

9. Where possible you must create a functional link back to the Baily Publications Ltd / Afloat News story(ies) summarised by the Baily Publications Ltd / Afloat Content. If you are displaying the Baily Publications Ltd / Afloat Feed where a functional link back to Baily Publications Ltd / Afloat is not possible, you must display on-screen the URL from which the Baily Publications Ltd / Afloat Content can be obtained (see Accreditation Section below). You may not directly or indirectly change, edit, add to or produce summaries of Baily Publications Ltd / Afloat Content or any content on the Baily Publications Ltd / Afloat website nor place any full-story Baily Publications Ltd / Afloat Content in an HTML frame-set.]

10. You may not directly or indirectly suggest any endorsement or approval by Baily Publications Ltd / Afloat of your Site or any non- Baily Publications Ltd / Afloat entity, product or content or any views expressed within your Site or service.

11. You acknowledge that Baily Publications Ltd / Afloat has absolute editorial control over all Baily Publications Ltd / Afloat Content and you accept that Baily Publications Ltd / Afloat is editorially independent and that the editorial integrity of the Baily Publications Ltd / Afloat Content is the sole responsibility of Baily Publications Ltd / Afloat.

12. Should you receive any enquiries which relate to Baily Publications Ltd / Afloat or the Baily Publications Ltd / Afloat Content you should promptly refer such enquiries to Baily Publications Ltd / Afloat {Tel: +353 1 2020 370}

13. Save as provided herein, you may not broadcast, copy, download, frame, reproduce, republish, post, transmit or otherwise use Baily Publications Ltd / Afloat Content appearing on the Baily Publications Ltd / Afloat Site in any way except for your own personal, non-commercial use. Any other use of such Baily Publications Ltd / Afloat Content requires the prior written permission of Baily Publications Ltd / Afloat.

14. You agree to use the Baily Publications Ltd / Afloat Content and Baily Publications Ltd / Afloat Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this site by any third party. Prohibited behaviour includes but is not limited to defamation, harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or anything which may affect the operability or security of the Baily Publications Ltd / Afloat Site and/or Baily Publications Ltd / Afloat.

Disclaimers/Limitation of Liability

15. Baily Publications Ltd / Afloat Content, is provided on a "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

16. Baily Publications Ltd / Afloat, its subsidiaries, affiliated companies, contractors, officers and employees shall not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, interruption of business, loss of data or profits, whether arising in contract, negligence or other tortious action, arising from or in connection with the use of Baily Publications Ltd / Afloat Content and/or the Baily Publications Ltd / Afloat Site.

17. Baily Publications Ltd / Afloat does not warrant that functions contained on the Baily Publications Ltd / Afloat Site or in the Baily Publications Ltd / Afloat Content will be uninterrupted or error free, that defects will be corrected, or that the Baily Publications Ltd / Afloat Site or the server that makes the Baily Publications Ltd / Afloat content available are free of viruses or bugs.

RSS feeds

18. By downloading Baily Publications Ltd / Afloat Content via RSS feeds, you acknowledge that Baily Publications Ltd / Afloat does not accept any liability for Baily Publications Ltd / Afloat Feeds and/or Baily Publications Ltd / Afloat Content, and that Baily Publications Ltd / Afloat is not responsible or liable in any manner whatsoever for the content of external Internet sites.

19. Baily Publications Ltd / Afloat is not responsible for the availability or content of any third party websites or material accessed through the Baily Publications Ltd / Afloat Site. Baily Publications Ltd / Afloat does not exercise any control or supervision of content of these linked sites.

20. Baily Publications Ltd / Afloat does not endorse, and shall not be held responsible for any content, advertising, products, services or information on or available from third party sites. Third party sites linked through the Baily Publications Ltd / Afloat Site are not covered by these Terms and Conditions.

Intellectual Property

21. You acknowledge that the Baily Publications Ltd / Afloat Content including but not limited to text, images and logos identifying Baily Publications Ltd / Afloat or third parties and their products and services are subject to copyright, design rights and trade marks of Baily Publications Ltd / Afloat and/or third parties. You are not permitted to use any trademark, patent, design right or copyright of Baily Publications Ltd / Afloat, or any other third party without the prior written consent of Baily Publications Ltd / Afloat or the third party.

Indemnity

22. You hereby agree to indemnify, hold harmless and defend Baily Publications Ltd / Afloat in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Terms and Conditions or otherwise in connection with your use of the Baily Publications Ltd / Afloat Feed (including the Baily Publications Ltd / Afloat Content).

Termination

23. You may terminate these Terms and Conditions and the licence granted herein at any time by destroying or removing all copies of the Baily Publications Ltd / Afloat Feed (including the Baily Publications Ltd / Afloat Content) from your Site, all hard drives, networks and other storage media.

24. Baily Publications Ltd / Afloat may restrict, suspend or terminate the Baily Publications Ltd / Afloat Feed, these Terms and Conditions, the licence granted herein or your access to the Baily Publications Ltd / Afloat Feed at any time without liability. You agree to destroy all copies of the Baily Publications Ltd / Afloat Feed (including the Baily Publications Ltd / Afloat Content) upon receiving notice of termination from Baily Publications Ltd / Afloat.

25. Clauses 15 - 17 inclusive, 22, 26 - 29 inclusive shall survive termination of these Terms and Conditions.

General

26. Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in these Terms and Conditions in whole or in part to any third party.

27. These Terms and Conditions supersede all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into these Terms and Conditions.

28. Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.

29. These Terms and Conditions shall be governed by, construed and take effect in accordance with Irish law and the Irish courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these Terms and Conditions.

30. If any provisions of these terms and conditions are found 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.

Excluded Websites:

Baily Publications Ltd / Afloat's RSS feeds and any Baily Publications Ltd / Afloat Content contained in the Baily Publications Ltd / Afloat RSS feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A site will be deemed to fall within one of the following categories where there is a material and prominent section of the Site that falls within such category.

  1. Sites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour;
  2. Sites that promote, encourage or facilitate violence;
  3. Sites that promote, encourage or facilitate terrorism or other activities that risk Irish national security;
  4. Sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
  5. Sites that promote, facilitate or encourage illegal activity; and
  6. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under Irish law.

Accreditation Guidelines:

Any Baily Publications Ltd / Afloat RSS feed or Baily Publications Ltd / Afloat Content on your Site must incorporate an attribution to Baily Publications Ltd / Afloat in the following form: "From Baily Publications Ltd / Afloat.ie/Ireland's Boating Magazine"

Further Information

Should you have any queries about what personal data we hold, or you wish to request a copy of the personal data referring to you, or its correction/erasure, please contact us at: Baily Publications Ltd / Afloat, 2 Lower Glenageary Rd, Dun Laoghaire, Co Dublin Tel: 01 2846161 or email [email protected]