Terms of Use

This agreement applies as between you, a publisher being the User of this Website, and The Content Hub FZ-LLE, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

This Website, https://www.theyachtinghub.com, is owned and operated by The Content Hub FZ-LLE, a limited company registered in the United Arab Emirates under the license #10871/2017 of Creative City – Media Free Zone of Fujairah, whose registered address is PO Box 502837, Dubai, United Arab Emirates.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Website;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Licence” means the licence to use the Material purchased from this Website, in accordance with these terms and conditions;
“Material” means yachting and related Content that The Content Hub FZ-LLE makes available for purchase by Users subject to these terms, in the form of a ready-to-publish zip file/content package which contains: (a) a ‘Print Folder’ with sub-edited text + Captions + colour corrected high Resolution photos; (b) a ‘Web Folder’ with unique SEO friendly text + resized photos for web + video link to be embedded; and (c) a ‘Social Media Folder’ with resized photos & video files for immediate social media use It may also include photos which do not form part of the purchased material but are provided on a complementary basis and are to be used solely for editorial purposes at our direction;
“Payment Information” means any details required for the purchase of Material from this Website, including credit card details;
“Publishing Credit” has the meaning defined in Clause 10.6;
“Service” means collectively any online facilities, tools, services or information that The Content Hub FZ-LLE makes available through the Website either now or in the future;

2. Age Restrictions

The Website as a whole is usable by persons of all ages, however purchases may only be completed by persons over the age of 18 or by persons under that age with the supervision of an adult.

3. Intellectual Property
  1. All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Content Hub FZ-LLE, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable international intellectual property and other laws.

  2. Material available for purchase on this Website is the property of The Content Hub FZ-LLE or its licensors, as appropriate. Such ownership extends to any free previews of Material that may be available on this Website. Under no circumstances are Material previews or any work containing them to be commercially exploited. All intellectual property rights (including copyright) in the Material shall be retained by The Content Hub FZ-LLE or its licensors at all times throughout the world.

  3. Subject to Clause 4, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

4. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Accounts
  1. In order to purchase Material on this Website and to use certain other parts of the Website you are required to create an Account which will contain certain personal details (including Payment Information) which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:

    1. all information you submit is accurate and truthful;

    2. you have permission to submit Payment Information where permission may be required; and

    3. you will keep this information accurate and up-to-date.

    Your creation of an Account is further affirmation of your representation and warranty.

  2. Sharing of accounts is not permitted unless we expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

  3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account. Please be aware that due to the instantaneous nature of Material delivery, pending or completed purchases cannot be cancelled.

  4. When choosing your username you are required to adhere to the terms set out above in Clause 5. Any failure to do so could result in the suspension and/or deletion of your Account.

6. Licence
  1. Subject to Clause 4, the Licence to use Material applies only to you (the purchaser) for one-off use via the medium of print, web or social media. You are not permitted to assign the benefit of the Licence to any third party.

  2. In addition to the restrictions contained in Clause 6.1, you shall be entitled to use any Material you purchase subject to the following limitations:

    1. The Material may only be used for editorial purposes and you must always credit and keep all copyright and other proprietary notices on the Material;

    2. The Material must not be used for any purposes which are libellous, defamatory, pornographic, obscene or otherwise unlawful;

    3. Where the Material is to be published on a website of any kind you must take reasonable steps to limit the ease of copying and downloading the same;

    4. You may not sub-licence the Material; and

    5. The Licence granted to you under these terms and conditions shall be automatically revoked if you breach any of these terms.

7. Exclusivity
  1. Subject to Clause 7.2, the Licence granted under this Agreement shall be non-exclusive and The Content Hub FZ-LLE shall remain entitled to use the Material for any purposes and to licence the Material to third parties.

  2. Notwithstanding the provisions of sub-Clause 7.2, The Content Hub FZ-LLE retains the right to use the Material in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting its work and services.

8. Material and Availability
  1. Any Material purchased from this Website shall be delivered via direct download in the size, format, quality and number specified at the time of selection. Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from the Website correspond to the actual Material, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to immaterial variations of the correct Material, not different Material altogether or to lesser material variations. (Please refer to Clause 9 for incorrect or faulty Material.)

  2. We neither represent nor warrant that the Material will be available. Material may be temporarily unavailable due to problems with the Service, maintenance or similar. Alternatively, Material that is no longer available (after, for example, being removed from the Website) may remain referenced on the Website for a short time before removal.

9. Orders, Delivery and Cancellation Options
  1. No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between The Content Hub FZ-LLE and you.

  2. Order confirmations under sub-Clause 9.1 shall contain the following information:

    1. Confirmation of the Material(s) ordered including full details of the main characteristics thereof;

    2. Fully itemised pricing for the Material(s) ordered including, where appropriate, taxes and any other additional charges, together with details of any applicable exclusivity, Volume Deal Discount and/or Publishing Credit applied to the purchase; and

    3. A confirmation of your express request that the Material is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 9.5.

  3. Material will be made available to download immediately upon our confirmation of your purchase. By accepting these terms and conditions and downloading Material, you hereby authorise The Content Hub FZ-LLE to automatically charge the credit card details you provide us with during the online order process for the current order and any future orders you place. Your credit card details are not stored by us after having made the use of them described in this sub-Clause and as such will be requested each time you place an order through our Website. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

  4. When completing the order process you will be required to expressly acknowledge that you wish the Material to be made available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with The Content Hub FZ-LLE as detailed below in sub-Clause 9.5.

  5. If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, purchased Material on this Website is made available immediately upon our confirmation of your order. As set out in sub-Clause 9.4, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind. Sub-Clauses 9.6 sets out the limited cancellation rights available.

  6. If Material contains faults or errors on download or receipt, you should contact us immediately via email to info@theyachtinghub.com, providing full details of the fault(s) or error(s). We will rectify the mistake within a reasonable period of time following receipt of your notice or, if the fault(s) or error(s) cannot be rectified, we will refund the price paid for that Material to you. Faults and errors for the purposes of this Clause 9 include, but are not limited to, data corruption, download errors, missing files, and similar issues. The definition does not extend to file incompatibility (unless we have provided incorrect information in this regard) or minor mistakes in the substance (such as spelling errors or visual imperfections) of the Material itself.

  7. The Content Hub FZ-LLE will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE

10. Pricing, Discounts and Refunds
  1. The fee payable for the use of the Material shall depend on the type of content licensed and pricing shall be communicated to you before you place any order via the Website.

  2. All pricing information is expressed in United States Dollars. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

  3. In the event that prices are changed during the period between an order being placed for Material and us processing that order and taking payment, you will be charged the price that was in effect at the time of such order being placed.

  4. All prices on the Website include VAT.

  5. The Content Hub FZ-LLE accepts payments online using Visa and Master Card credit/debit cards in United States Dollars.

  6. Each time we receive proof that Material previously purchased on this Website has been reproduced for sale or distribution to the general public, we offer a $25 Publishing Credit (for Web Folder and Social Media Folder packages) and a $100 Publishing Credit (for Print Folder packages) which will be applied against a future download of Material by the same purchaser. In order to receive the Publishing Credit, proof of publication must be provided in the form of a PDF document or website URL link (clearly showing the published Material), the satisfaction of which will be at the sole discretion of The Content Hub FZ-LLE.

  7. The Content Hub FZ-LLE doesn’t provide refunds for any material downloaded

11. Links to Other WebsitesPricing and Discounts

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Content Hub FZ-LLE or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply our endorsement of the sites themselves or of those in control of them.

12. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site The Content Hub FZ-LLE without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by email at info@theyachtinghub.com.

13. Use of Communications Facilities
  1. When using any System on the Website you should do so in accordance with the following rules:

    1. You must not use obscene or vulgar language;

    2. You must not submit Content that is unlawful or otherwise objectionable, or that infringes third party rights. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

    3. You must not submit Content that is intended to promote or incite violence;

    4. The means by which you identify yourself must not violate these terms and conditions or any applicable laws;

    5. You must not impersonate other people, particularly employees and representatives of The Content Hub FZ-LLE or Our affiliates; and

    6. You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.

  2. You acknowledge that The Content Hub FZ-LLE reserves the right to monitor any and all communications made to Us or using Our System and may retain copies of any and all communications made to Us or using Our System.

  3. You acknowledge that any information you send to us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

14. Termination of Accounts
  1. Either The Content Hub FZ-LLE or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

  2. If your Account is terminated, you retain the right to use Material purchased through the Website, subject always to these terms.

15. Privacy
  1. Use of the Website is also governed by Our Privacy Policy which is incorporated into these terms and conditions by this reference.

  2. The Website uses cookies to improve our Website function and performance and to recognise you and your preferences. By accepting these terms and conditions, you are giving consent to The Content Hub FZ-LLE to place cookies on your computer or device.

  3. If you wish to opt-out of our placing cookies onto your computer or device or manage your cookie preferences, you can do so by adjusting your internet browser settings. Please note that by disabling cookies you may not be able to register with or use all features of the Website. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at http://www.allaboutcookies.org.

16. How We Use Your Personal Information (Data Protection)
  1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

  2. We may use your personal information to:

    1. Provide our Service to you;

    2. Process your payments; and

    3. Inform you of new products and services available from us. You may request that we stop sending you this information at any time.

  3. In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

  4. We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Legal Rights and Disclaimers
  1. Subject to the terms and conditions above, we make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.

  2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

  3. Whilst we exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Availability of the Website and Modifications
  1. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

  2. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

19. Indemnity

You agree to indemnify, defend and hold harmless The Content Hub FZ-LLE and, where appropriate, its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal costs and expenses, arising out of or related to a breach of these terms and conditions, the use of this Website, your failure to abide by any restriction relating to the use of Material, or any claim by a third party relating to the use of Material.

20. Limitation of Liability
  1. To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.

  2. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on the Website.

  3. We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

  4. We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 20.6, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

  5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

  6. Nothing in these terms and conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

  7. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these terms and conditions shall confer any rights upon any third party. The agreement created by these terms and conditions is between you and The Content Hub FZ-LLE.

24. Communications
  1. All notices / communications shall be given to us either by post to our premises (see address above) or by email to info@theyachtinghub.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  2. We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

25. Law and Jurisdiction
  1. These terms and conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

  2. Any disputes concerning these terms and conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of Dubai in the United Arab Emirates.