Terms and Conditions
By accessing, browsing and/or using www.thecaptain.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound to these terms (“Terms”) and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
The Site contains intellectual property owned by us and other parties. The Site hereby grants you a limited license to use the materials, features, and services provided on the Site (collectively the “Materials”) solely for your personal, non-commercial use, subject to these Terms.
The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. Framing of the Site or Materials or posting of Materials on other websites is strictly prohibited.
The products, technology, and/or processes described and/or used on the Site may be the subject of intellectual property rights reserved by the Site or other third parties.
Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site or any third party.
The Site has adopted the following Acceptable Use Policy in order to assure that its electronic content is used in a lawful and appropriate manner.
The following conduct is prohibited on the Site and through the related services:
- sending harassing, abusive, or threatening messages;
- sending obscene or pornographic messages or images;
- sending defamatory or libelous messages;
- sending viruses or other harmful, disruptive, or destructive files;
- attempting to steal passwords or credit card information;
- sending messages in furtherance of unlawful, criminal, or fraudulent activity; or attempting to conceal or misrepresent the identity of the sender.
Violations of the Terms will not be tolerated and may result in the sender being blocked from sending additional content on the service. To the extent applicable, the Site may disable the sender’s account without compensation or refund.
You may not use this Site to send content to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Links to third-party websites may be featured on the Site, in its newsletters, or in its e-mail communications to you. These may appear in the form of text links, advertisements, banners, buttons, or otherwise.
There may be circumstances where access to this Site is provided by a link located at another website.
Neither the Site nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither the Site nor its affiliates shall be liable for any damages or injury arising from the content of these other sites.
Neither the Site nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
We require that all e-mails promoting the Site or its content are sent only to clients who have agreed to receive such messages. We prohibit any advertising of our Site using unsolicited email messages.
If you feel you’ve been sent unsolicited emails promoting our brand or website and would like to register a complaint, please email our abuse department at abuse@ineditagency.com We will investigate all allegations made related to unsolicited messages.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.
NEITHER THE SITE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.
IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE SITE AND ITS AFFILIATES’ AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER THE SITE] NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE.
YOU AGREE TO HOLD HARMLESS THE SITE AND ITS AFFILIATES AND PARTIES WITH WHOM THE SITE HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
You hereby indemnify, defend and hold harmless the Site and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement.
You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
“Notwithstanding any other provision, we partner with third parties that collect information across various channels, including offline and online, for purposes of delivering more relevant advertising to you. Our partners may place or recognize a cookie on your computer, device, or directly in our emails/communications, and we may share personal information with them if you have submitted such information to us, such as your name, postal address, or email address.
Our partners may link the personal information we share with them to the cookie stored on your browser or device, and they may collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. We may also share mobile device IDs (or information) with our partners. Our partners use this information to recognize you across different channels and platforms over time for advertising, analytics, attribution, and reporting purposes.
For example, our partners may deliver an ad to you in your web browser based on a purchase you made in a physical retail store, or they may send a personalized marketing email to you based on the fact that you visited a particular website. To learn more about interest-based advertising in general and to opt out, please visit http://www.aboutads.info/choices.” To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.”
In the event the Site determines, in its sole discretion, that you have violated these Terms, the Site shall have the right to immediately terminate your account, refuse membership, or block the sending or receipt of content from our Site, and/or pursue any other remedies available to it under applicable law.
Except as otherwise provided by applicable law, any and all controversies and disputes arising in connection with use of the Site, these Terms and Conditions, the Privacy Policy, and/or their interpretation shall be settled by arbitration in Bucharest, Romania, by the Court of International Commercial Arbitration of the Romanian Chamber of Commerce and Industry, in compliance with the Rules of Arbitration Procedure of the Court of International Commercial Arbitration, in force, published in the Official Monitor of Romania, Part I, and judgment upon award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction.
The law of Romania, without giving effect to its principles of conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods, shall govern use of the Site, the validity and construction of these Terms and the Privacy Policy, and the interpretation of the rights and duties arising under such.
The Site shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
All personal data that you provide to us via this Site is subject to our Privacy Policy.
To contact the Site with any inquiries or complaints, including any regarding these Terms, you may contact us via email at info@ineditagency.com, or via mail at: Inedit Agency, Aleea Socului No. 6, Bl. M4Bis, Ap. 30, Sector 2, Bucharest, Romania, 022158.