A. Online Information Practices
Boston Harbor Cruises (“Boston Harbor Cruises”) respects the privacy of your information. On our site, we request that you enter personal identifying information such as your name, address, telephone numbers and credit card numbers when you purchase tickets or merchandise from us. We use this information to expedite your purchases as well as to inform you of additional services that may be of interest you and to maximize your experience in using our site.
The information we learn from customers helps us personalize and continually improve our services and our Cruise experiences.
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide to respond to your requests, to improve our services, and to communicate with you.
Mobile: When you access our website with your mobile device, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.
In addition, we automatically gather general statistical data about our site and its visitors, such as your computers IP addresses, Internet browser, pages viewed, number of visits, and the like. We use this data to improve our marketing efforts, to analyze site usage, to improve content and product offerings and to customize our site’s content, layout and services to better serve your needs and the needs of other customers. Our use does not reference you by individual name, e-mail address, home address or telephone number and we will not sell, rent, or share this information with any other organization, except in some instances where we may share the information with an Authorized Partner of Boston Harbor Cruises who we feel can help you meet your needs. For your protection, we also use reasonable and current security methods to prevent unauthorized access to data, maintain data accuracy, and ensure the proper use of your information.
By using this site, you signify your agreement with the Privacy Policies of Boston Harbor Cruises. We reserve the right, at our discretion, to change, modify, add, or remove portions of this statement at any time. Your continued use of this site following changes to these terms means you accept those changes.
If you have any questions or concerns please contact:
Boston Harbor Cruises at 617-227-4321 or 1-877-SEE-WHALE (733-9425) or by email addressed to [email protected].
B. Participation in a cruise with Boston Harbor Cruises
By participating in a Boston Harbor Cruise, you consent to the use of your voice, name and/or likeness in photographs, films and videos to be used without compensation, for advertising or promoting Boston Harbor Cruises and for purposes of trade or commerce in any and all media, whether now known or hereafter developed. Furthermore, you release Boston Harbor Cruises, its successors, assigns and licensees from any liability whatsoever and of any nature with respect to the use of your voice, name and/or likeness for advertising or promoting Boston Harbor Cruises and for purposes of trade or commerce related thereto.
By submitting any content to Boston Harbor Cruises, you represent and warrant that:
- You are the sole author, creator and owner of the copyright and other intellectual property rights thereto and that you voluntarily waive any and all “moral rights” that you may have in such content;
- All content that you post is accurate;
- You are at least 13 years old;
- You have the permission of any and all persons whose photographs/likeness appear in the content to submit said content to Boston Harbor Cruises for our use.
You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:
- that is false, inaccurate or misleading;
- that infringes any third party’s copyright, trademark, trade secret or other intellectual property rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
- that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.
License to use content: For any content that you submit, you grant Boston Harbor Cruises a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Boston Harbor Cruises shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now existing or in the future developed, without notice, compensation or any other obligation to you or any other person. You further release and waive all claims against Boston Harbor Cruises with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the laws of any states within the United States.
You acknowledge that you, not Boston Harbor Cruises, are responsible for the contents of your submission. By submitting a photo or video, you agree that Boston Harbor Cruises may contact you about your photos or videos and for other administrative purposes. Boston Harbor Cruises may share your comments along with identifying information to its third-party service providers, solely for customer service and promotional purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Boston Harbor Cruises, provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Boston Harbor Cruises.
Under no circumstances shall Boston Harbor Cruises be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages that may result from the use of, or inability to use the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if Boston Harbor Cruises has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component. You agree to indemnify and hold Boston Harbor Cruises, harmless from all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown including reasonable attorneys’ fees arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
D. Copywright Infringement Claims
Boston Harbor Cruises has adopted and implemented a policy that provides in appropriate circumstances as determined by us in our sole discretion, for the termination of users who are infringers of copyright.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.
Name and address of Agent Designated to Receive Notification of Claimed Infringement:
NAME TO BE INSERTED
Boston Harbor Cruises
One Long Wharf
Boston, MA 02110
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works in a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Boston Harbor Cruises website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to your physical address in our records.
Counter-Notification: If you believe that the material that was removed or to which access was disabled was not infringing, you may submit a counter-notification. You may do so by sending us a written communication that includes substantially the following:
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- Your full name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the U.S. District Court in Massachusetts, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- A physical signature or electronic signature.
The counter-notice may be sent by regular mail to:
Boston Harbor Cruises
One Long Wharf
Boston, MA 02110
You may also send it to us via email at [email protected].
The information provided in your counter-notification will be forwarded to the person who submitted the original claim of copyright infringement. After we forward your counter-notification, the claimant must then notify us within 10 business days that the claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we will typically reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
© 2016 Boston Harbor Cruises