Terms of Service
Please note these Terms of Service are all-encompassing. Modifications will be made and these terms will be updated accordingly without notice to you.
Please note: Captains, Heads of Departments, Yacht Owners, Management Companies and Crew Agencies are welcome to post yacht crew positions, free of charge. Please ensure yachts are over 70' LOA and positions are paying industry-standard wages. Simply click on Post a Job and follow along - you will have the ability to edit and to delete after you post. Please read your post on the Jobs page to ensure it reads as you would like it to read.
ACCEPTANCE OF TERMSWelcome to Five Star Crew Five Star Crew! Five Star Crew provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service, here, at any time. In addition, Five Star Crew may also offer other services from time to time, which are governed by the same Terms of Service as these listed here.
DESCRIPTION OF SERVICEFive Star Crew stores and presents data to its interested members (Captains, Yacht Owners, Crew Agencies, Managers, Brokers, etc.) looking to hire yachting crew. As well, Five Star Crew manages a free Job Search to members and non members alike (Captains and Crew). You must understand and agree that our Services may include advertisements or notifications and that these advertisements are necessary for Five Star Crew to provide the Service. You also understand and agree that the service may include certain communications from Five Star Crew, such as service announcements and administrative, and that these communications are considered part of Five Star Crew membership and you may or may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Five Star Crew assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization details. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges) for which you are responsible. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Five Star Crew has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Five Star Crew has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITYYou will have entered a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Five Star Crew of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Five Star Crew cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
MEMBER CONDUCTYou understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Five Star Crew, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Five Star Crew does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Five Star Crew be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
SPECIAL ADMONITIONS FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEFive Star Crew does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Five Star Crew the following world-wide, royalty free and non-exclusive license(s), as applicable:
- * With respect to Content you submit or make available for inclusion on publicly accessible areas of Five Star Crew the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Five Star Crew to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Five Star Crew removes such Content from the Service.
- * With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Five Star Crew removes such Content from the Service.
- * With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
INDEMNITYYou agree to indemnify and hold Five Star Crew, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that Five Star Crew may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that registered data, messages, message board postings or other uploaded Content will be retained by the Service. You agree that Five Star Crew has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Five Star Crew reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Five Star Crew reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICEFive Star Crew reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Five Star Crew shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATIONYou agree that Five Star Crew may, under certain circumstances and without prior notice, immediately terminate your membership account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your membership account includes (a) removal of access to the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Five Star Crew's sole discretion and that Five Star Crew shall not be liable to you or any third-party for any termination of your account.
REFUND POLICYRefunds will not be granted under the following circumstances.
- A refund will not be granted if an employer is in breach of the Terms of Service.
- A refund will not be granted for lay-offs.
- A refund will not be granted if a registered employer feels dissatisfied with the service as laid down in the Terms of Service.
- If a placed employee does not adhere to the Captain's Standing Orders and receives both verbal and written warnings (total of 2), on separate occasions, within 90 days of employment posting by Five Star Crew. Each warning must be documented and signed by both the Captain/Owner and the employee.
Claiming RefundsTo claim a refund, contact Five Star Crew by E-mail (email@example.com). This E-mail must state your reason for claiming a refund as well as all documented warnings. Any refund will be paid within a one-month period after Five Star Crew has confirmed by E-mail that a refund is valid. Refunds will only be paid as money transfers in US dollars. Five Star Crew will not be responsible for any transfer charges or currency conversion charges relating to this transfer.
DEALINGS WITH EMPLOYERSYour correspondence or business dealings with employers or employees found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such employers or employees. You agree that Five Star Crew shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with employers/employees found through the Service.
LINKSThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Five Star Crew has no control over such sites and resources, you acknowledge and agree that Five Star Crew is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Five Star Crew 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
FIVE STAR CREW'S PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Five Star Crew or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Five Star Crew grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Five Star Crew™ for use in accessing the Service.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIVE STAR CREW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- FIVE STAR CREW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIVE STAR CREW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT FIVE STAR CREW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) THE CONDUCT AND ANY RESULTING DAMAGE OF ANY TYPE BY PLACED CAPTAINS OR CREW; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTICENotices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATIONFive Star Crew, the Five Star Crew logo, trademarks and service marks, are trademarks of Five Star Crew.
COPYRIGHTS and COPYRIGHT AGENTSFive Star Crew respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Five Star Crew the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
GENERAL INFORMATIONThe Terms of Service constitute the entire agreement between you and Five Star Crew and govern your use of the Service, superseding any prior agreements between you and Five Star Crew. The Terms of Service and the relationship between you and Five Star Crew shall be governed by the laws of Canada without regard to its conflict of law provisions. You and Five Star Crew agree to submit to the personal and exclusive jurisdiction of the courts located in Canada. The failure of Five Star Crew to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
VIOLATIONSPlease report any violations of the Terms of Service using our contact form.
Last updated: October 2016