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Terms of Use

Last updated: 2026-03-01

Top Yachts d.o.o. TERMS OF USE

Version 03/2026

Governing language

This English text is provided for convenience only. If there is any discrepancy or conflict between this English text and the German version, the German text prevails. Where these terms provide that another language version takes precedence (including that the Croatian-language version prevails in the event of a dispute), that provision applies.

Thank you for visiting this website and/or one or more of our affiliated websites or native mobile applications (collectively, this “Site”). The terms and conditions that apply to your access to and/or use of this Website (and the information, products and services available through this Website) and our use of any communications or User Content (defined below) that you transmit to us or post to this Website are set forth below. By using this Website or submitting communications or User Content to us, you accept all of the terms and conditions set forth herein (the "Terms and Conditions"), which form a legally binding agreement between you and Top Yachts d.o.o. and/or our respective business divisions (collectively “TopYachts”, “Company”, “us”, “our” or “we”).

1. Interpretation and definitions

1.1. Interpretation The words whose first letter is capitalized have a meaning defined under the following conditions. The following definitions have the same meaning regardless of whether they appear in the singular or plural.

1.2. Definitions For the purposes of these Terms and Conditions: • Account means a unique account created for you to access our Service or Access parts of our service. • City and Country refer to: Split, Croatia • Company (in this Agreement either as “the Company”, “we”, “us” or "our") refers to Top Yachts d.o.o., Put Trscenice 6, HR-21000 Split. • Content refers to text, images or other information posted by you, uploaded, linked or otherwise made available, regardless of the form of such content. • Device means any device that can access the Service, e.g. B. a computer, a cell phone or a digital tablet. • Feedback means any innovations or suggestions you may send about the attributes, performance or features of our Service.

• Free trial refers to a limited period of time that may be free when purchasing a subscription.

• Service/Service refers to the website.

• Subscriptions refer to the Services or access to the Service that the Company offers to you on a subscription basis.

• Terms and Conditions means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service and/or Services.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to the company TopYachts, accessible via www.topyachts.com

• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.

2. Recognition These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users with regard to the use of the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, advertisers and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you must not access the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes the policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

3. Data security, data collection and use We have implemented appropriate physical, electronic and managerial procedures to safeguard the information we collect online, prevent unauthorized access, ensure data security and ensure the proper use of the information we collect online to ensure the information collected. Although we make reasonable efforts to ensure the confidentiality of your private and personal information collected through your use of this website, we cannot and do not guarantee the absolute security of sensitive information on the Internet. Any personal information you provide to us in electronic communications with TopYachts is subject to our Privacy Policy. For a more complete description of our collection and use of personal information and the terms that apply to our data collection practices generally and specifically, please see our Privacy Policy, the terms of which are incorporated by reference into these Terms and Conditions.

4. Subscriptions

4.1. Duration The service or parts of the service are only available with a paid subscription. You will be billed for this in advance on a recurring and periodic basis (monthly or annually). You can find detailed information in our service packages. The price depends on the type of subscription you select when purchasing the subscription. At the end of each period, your subscription will automatically renew on the exact same terms unless you cancel or change it or the Company cancels it or changes its scope and/or price.

4.2. Cancellation You may cancel the renewal of your subscription either through the Website or by contacting the Company. You will not receive a refund for any fees you have already paid for your current subscription period and you will be able to access the Service until the end of your current subscription period.

4.3. Billing You must provide Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, email, and a valid payment method (credit card). Your financial information is not shared or stored in the TopYachts database and is end-to-end encrypted for your privacy. If automatic billing does not occur for any reason, the Company will issue an electronic invoice advising you that you must proceed manually with full payment processing within a specified period of time corresponding to the billing cycle indicated on the invoice.

4.4. Changes in Fees The Company may change the Subscription Fees at its sole discretion and at any time. Any change to the Subscription fee will be effective at the end of the then-current Subscription Period. Your continued use of the Service after the Subscription fee change becomes effective constitutes your agreement to pay the changed Subscription fee amount.

4.5. Repayments Except as required by law, paid subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by Company on a case-by-case basis and granted at Company's sole discretion.

4.6. Free trial The Company may, at its sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your payment information to sign up for the free trial. If you enter your payment information and sign up for a free trial, you will not be automatically charged the applicable subscription fees for the subscription type you selected until the free trial expires or on the last day of the free trial period. The Company reserves the right to (i) change the terms and conditions of the free trial offer or (ii) cancel such free trial offer at any time and without notice.

5. User Accounts When you create an account with us, you must provide us information that is accurate, complete, and current at all times; Refusal and/or failure to do so constitutes a breach of our Company Terms and Conditions, which may result in immediate termination of your account on our Service. To protect our Site members' account information, Company may assign each member a unique username, password, or ad ID number. These unique identifiers are immediately communicated to the user by email immediately after registering on this website. Only members have the ability to change their personal information and delete their ads if necessary. As a member of this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security of which you are aware to gain knowledge, to inform. However, you may be held liable for any losses incurred by us or other users of or visitors to this website as a result of someone else's use of your account or password. For more information about your account or password, please see our privacy policy. You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. To become a member of this website or to purchase products or services from our members, you must be at least eighteen (18) years of age and use a valid credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

6. User Content

6.1. Your right to publish content Our service allows you to publish content. You are responsible for the Content that you post on the Service, including its legality, reliability, and appropriateness. By posting content on the listing pages, such as: On our Platform, such as ship specifications and ship images, you grant us the right and license to use, publicly perform, publicly display and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. The Company will not share or sell any of the data published on the Platform to third parties. All information/data that is exchanged, such as: B. Dealer to shipyard, dealer to customer, broker to customer/dealer/shipyard are not passed on to third parties. You represent and warrant that (i) the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Meanwhile, you have the opportunity to submit content and information, including, but not limited to, customer reviews, opinions, concepts, inventions, techniques, know-how, data, materials, or other postings or communications (collectively, "User Content") to us through this Site, whether by posting to a public area of ​​this Site (e.g., blogs or forums) or by transmission via email or other electronic means of communication provided by Company. By submitting such User Content to us or posting it to a public area of ​​this Site, you grant: (i) the Company and our owners, affiliates Companies and licensees the royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, create derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part), alone or incorporated into other works, throughout the world in any form, media and technology now known or hereafter developed; (ii) the Company and our owners, affiliates and licensees have the right to use the name you use in connection with such submission or publication; and (iii) you represent and warrant that you own or otherwise control all of the rights to the User Content you submit or post, that the User Content is accurate, and that use of the User Content you provide or post does not violate these Terms and Conditions and will not cause injury to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for their personal use, which use may include distribution to third parties. By posting or submitting such User Content, you hereby waive any claim against Company for misappropriation of such User Content or any portion thereof.

6.2. Content restrictions The Company is not responsible for the content of users of the Service. You expressly understand and agree that you are solely responsible for the content and for all activities that occur under your account, whether by you or any third party using your account. You may not transmit any content that is unlawful, offensive, disturbing, repugnant, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such content include, but are not limited to, the following:

• Unlawful or promoting unlawful activities.

• Defamatory, discriminatory or malicious content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other target groups.

• Spam, machine- or randomly-generated spam that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized advertising, or any form of lottery or gambling.

• Containing or installing any viruses, worms, malware, Trojan horses or other content intended to disrupt, damage or limit the functionality of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

• Violation of any proprietary right of any party, including any patent, trademark, trade secret, copyright, right of publicity or other right.

• Impersonate any person or entity, including the Company and its employees or agents.

• Violation of third party privacy.

• Incorrect information and functions. The Company reserves the right, but not the obligation, to determine in its sole discretion whether any Content is appropriate and complies with these Terms, refuse or remove any such Content. The Company further reserves the right to make formatting, editing and change the nature of the content. The Company may also restrict or revoke your use of the Service if you post such objectionable content. Because the Company cannot control all content posted on the Service by users and/or third parties, you agree to use the Service at your own risk. You understand that by using the Service, you may be exposed to Content that you may find offensive, indecent, inaccurate or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

6.3. Ownership and Rights to Content At TopYachts we pride ourselves on creating high quality content for our users. If TopYachts has created content for you free of charge, that content remains the property of TopYachts. Should you choose to leave our platform, access to this content will cease. TopYachts reserves the right to remove content created by TopYachts from our channels free of charge. This action may be taken if the customer cancels their membership, does not follow TopYachts policies, receives multiple complaints, or the content is deemed inappropriate for our audience. Please note that TopYachts reserves the right to remove any content at any time without notice.

6.4. Account management Account Suspension and Termination: TopYachts reserves the right to remove, delete or suspend paid accounts if they are found to be in violation of TopYachts' rules, have received multiple complaints from customers or you fail to meet your payment obligation. Lead Response Time: In order to provide our users with the best possible experience, brokers are required to respond to leads within 48 hours. Failure to do so may result in TopYachts reviewing the account and possibly blocking access to it.

6.5. Securing content Although regular backups of content are performed on an ongoing basis, the Company does not guarantee that data loss or corruption will not occur. Corrupted or invalid backup points can be caused by, among other things, content that was corrupted before the backup or that changes while a backup is being performed. The Company provides rapid support and attempts to resolve known or discovered issues that may impact the backup of content as quickly as possible. However, you acknowledge that Company assumes no liability with respect to the integrity of the Content or the failure to successfully render the Content into a usable state. You agree to maintain an accurate and complete copy of all Content in a location independent of the Service. The Company allows information provided to our users. Approval information is stored securely and securely.

7. Use at your own risk We provide the content available on this website for informational purposes only. You may use the content, information, customer reviews, data and materials, and the products and services available through this website solely for your personal and non-commercial use. Before acting on any such content, information, customer reviews, data and materials found on this website, or purchasing any products or services through this website, you should independently verify all facts relevant to your decision. If you rely on any information, products or services from this website, you expressly agree that you do so entirely at your own risk. You understand that you are solely responsible for any damage or loss that you may incur as a result of your use of such information, products or services. Without limiting the foregoing, with respect to classified advertisements offered on this website, we point out that we do not directly sell the advertised items and are not involved in any transaction between a seller and a buyer. Additionally, we do not guarantee or insure advertised items or complete transactions, accept or process payments, act as an escrow service, or transfer ownership rights. We also do not store, store, ship or deliver advertised items.

8. Copyright Policy

8.1. Intellectual Property Violation We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other form of intellectual property rights of any person. If you are a copyright owner or authorized on behalf of a copyright owner and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Service, you must provide your notice in writing by email to support@topyachts.com and include in your notice a detailed description of the alleged violation. You may be liable for damages (including fees and legal costs) if you misrepresent that any content infringes your copyright.

8.2. DSM Notice and DSM Procedures for Claims of Copyright Infringement The copyright regulations in accordance with DSM Directive (EU) 2019/790 in conjunction with the 2021 UrhG amendment apply to all content that is uploaded, shared or made publicly accessible by users on our platform and is subject to copyright or related rights within the meaning of the applicable directive. We acknowledge that online service providers that make large amounts of user-generated content publicly available may be liable for copyright infringement unless appropriate action is taken. We therefore commit to the following measures: License Acquisition: We use our best efforts to obtain licenses from rights holders to enable the lawful use of protected works on our Platform. Blocking and removal: We use appropriate procedures to block or remove copyright-infringing content immediately upon becoming aware of it. Re-upload prevention: We take appropriate measures to prevent the re-uploading of previously reported and unlawful content. Rights holders can report suspected infringing content via our reporting form/contact address. The report must contain the following information:

• Identity and proof of rights ownership • Description of the protected work • Location of the content (e.g. URL) • Justification of the infringement We check every report carefully and remove illegal content immediately. Users whose content is affected have the right to a reply. In the event of a dispute, we offer a complaints procedure. To protect user-generated content, legally permissible uses such as quotes, criticisms, reviews, caricatures, parodies or pastiches remain expressly permitted. Content that falls under these exceptions may not be blocked automatically. We permit text and data mining for scientific purposes unless there is an express reservation clause to the contrary.

9. Ownership, License, Limitations The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive and sole property of the Company. The Service is protected by both domestic and foreign copyright, trademark, and other laws and contains certain trademarks and service marks belonging to the Company and/or our owners, affiliates, or third parties. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You agree not to copy, use, otherwise infringe or dilute these trademarks and service marks. You further agree that you will not change or remove any copyright, trademark or other notices from any content on the Site. This Website and all content displayed on this Website, as well as all software, data and information used to provide this Website, including text and images, display and presentation methods, source code, embedded routines and programs and other materials, as well as all related copyrights, trademarks, patents and other intellectual property rights, are owned by the Company or our owners, affiliates, licensors or licensees and are protected by worldwide patent, copyright, trademark and other applicable laws and treaties, including, but not limited to, applicable laws to protect trade secrets. We grant you the limited and non-exclusive right and license to access or download a single copy of the contents of this website solely for your personal and non-commercial use and as necessary in connection with the use of the services available through this website. Except as expressly provided in these Terms and Conditions, you may not modify, distribute, reproduce, display or otherwise use this Website or any portion thereof. In addition, the following is strictly prohibited: (i) the total or partial reproduction, redistribution or reproduction of any content, programming code, images or graphics from this website in any form without our prior express written permission; (ii) you may not frame, reduce, overlay or use other techniques to associate or display this Site or any trademarks, logos, content or other proprietary information contained therein (including images, text, page layouts or forms); (iii) you will not use any meta tags or any other "hidden text" containing the names or trademarks of the Company or our owners, affiliates, licensors or licensees without our express prior written consent, and (iv) you will not decompile or disassemble, reverse engineer or otherwise attempt to discover the source code of this website or the services provided herein. In addition to the foregoing restrictions and limitations, you are expressly prohibited from using any automated means (including, without limitation, spiders, robots, crawlers, scrapers, deep links, data mining tools, data gathering or extraction tools, and the like) or other automated methods, algorithms or devices, or manual processes to monitor, copy, download or otherwise access any data or content from this Website. A limited exception to the foregoing limitations and restrictions applies to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this website, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our then-current policies and procedures. The term “general internet search engine” does not include a website, search engine or other service that specializes in classified ads or subsections of classified ads or that offers classified ad services on a commercial basis. All rights not expressly granted to you by us in these Terms and Conditions are reserved by the Company and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material from this Website, whether or not protected by copyright.

10. Links to other websites, shortcuts This website may contain links or references to third-party websites that are not operated by us and/or that may allow you to leave this website or open an additional browser that connects you to the third-party website. Such links to third party websites are provided solely as a convenience to users of this Website and do not constitute an endorsement by the Company of such third party websites or their content. The Company assumes no liability for your access to such linked websites and your use of and access to other websites linked to this Website is at your own risk. In addition, the Company is not responsible for the content of such third party websites and shall not be liable for any damage or loss arising from such content or your use of, reliance on or access to such third party websites. For information about such third-party websites, we encourage you to consult the respective terms of use and privacy policies of those websites.

11. Use of Communication Services We offer a variety of services on this website through which you can interact directly with others, such as: B. Email services, blog services, chat rooms, communication tools, forums and other public areas for posting ("Communication Services"). (For the purposes of these Terms and Conditions, all references to this Website generally include all Communication Services available through this Website.) We cannot and do not review every posting made to these Communication Services. It may well happen that you read a particular article before one of our employees does. You can expect that these Communication Services contain information and opinions from various people and organizations other than us. We do not endorse or guarantee the accuracy of any posting, whether from a user, a celebrity guest, an expert or one of our employees, and we assume no responsibility or liability for the views and opinions expressed. We encourage the open exchange of information and user content, but we want everyone to be able to use these communication services. We usually do not read private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any information available to us through your use of this website and our communication services (including the reverse IP address query) to comply with applicable law, enforce these Terms and Conditions, or protect the rights, property or safety of visitors to this Website and/or users of our Communications Services, our customers, the public or the Company, and our owners, affiliates, licensors or licensees. We also reserve the right (but assume no obligation) to review the contents of this Site, including blogs, message boards, chat rooms, advertisements, postings, forums and other User Content posted on this Site or through any Communication Services, to ensure compliance with these Terms and Conditions and any other rules established by us, as well as any applicable law, regulation or governmental request. We may, in our sole discretion, delete, move, refuse to post and/or edit any messages, advertisements, postings or other User Content that we deem objectionable or inappropriate for legal or other reasons. By using this Website and/or our Communication Services, you agree not to submit any User Content or other information to TopYachts through this Website or our Communication Services that (i) infringes or interferes with the rights of any third party, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) incites a criminal offense, gives rise to civil liability or is against violate any applicable law, or (iv) advertise or promote any product or service without our express prior consent. The sender of user content to this website, through our communication services or otherwise to TopYachts is solely responsible for its content and the information contained therein, including its accuracy and completeness. By posting content on this website or through our communications services, or by submitting user content to TopYachts, you represent that you have all rights necessary to provide, publish, upload or submit such content. You will be fully liable for any damages resulting from any infringement of copyrights, trademarks or other proprietary rights or any User Content you submit on this Website or through our Communication Services. We reserve the right to deny access to this Website and/or our Communication Services to any user who violates these Terms and Conditions or who, in our judgment, interferes with anyone else's enjoyment of this Website or our Communication Services or violates their rights. We will comply with legal requirements regarding disclosure of messages to third parties, including law enforcement authorities.

12. Violation of the Terms of Use We may disclose any information we have about you (including your identity) if we believe it is necessary in connection with an investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this website, including our customers. We reserve the right at all times to disclose any information we require to comply applicable laws, regulations, legal process or governmental requests. We may also disclose your information when we believe applicable law requires or permits it, including exchanging information with other companies and organizations for fraud protection purposes (anti-fraud). You acknowledge and agree that we may preserve any communications you receive with us through this website or any service offered through this website and may disclose such information if required to do so by law or if we believe disclosure is necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that such information violates the rights of third parties, or (iv) the rights, property or personal safety of the Company and/or our owners, affiliates, employees, users or To protect visitors to this website or the public. Without prejudice to the other provisions of these Terms and Conditions, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Website and/or block your future access if we determine that you have violated these Terms and Conditions or any other agreement or policy associated with your use of this Website, including, without limitation, our Privacy Policy. You further agree that any breach by you of these Terms and Conditions will constitute an unfair commercial practice and will cause us irreparable harm for which financial compensation/damages would be inadequate. You agree that in such cases we will take any interim or other legal action we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

13. Disclaimer You agree that this website and any information, products or services available through this website are provided by us without warranty of any kind, express or implied, and that your use of this website and any information, products or services available through this website is entirely at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems in the information, products and services available through this Website, published or promoted on this Website, including the information, products and services referred to, advertised on or sold through this Website. Neither the Company nor our owners, affiliates, licensors or licensees warrant that this Website will function uninterrupted or error-free. We also do not warrant the results that may be obtained from the use of this website or the accuracy, reliability or completeness of the content or the information, products or services provided or accessible through this website. Without limiting the generality of the foregoing, the Company and our owners, affiliates, licensors and licensees expressly disclaim any express or implied warranties, whether statutory or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of Liability Neither the Company nor our owners, affiliates, licensors or licensees shall be liable for any errors, inaccuracies, omissions or other defects in the information contained on this Website. In no event will the Company, nor our owners, affiliates, licensors or licensees, be liable to you or any third party for any damages arising from your access to, use of, or inability to use this Website or the information, products or services available through this Website, or our use of any User Content that you post or submit to us. In addition to and without limiting the foregoing limitation of liability, in no event shall the Company or our owners, affiliates, licensors or licensees be liable to you or any third party for any special, indirect, consequential, punitive, exemplary or similar damages of any kind (including, without limitation, damages for loss of profits or loss of business or data or business interruption), even if we or such other person have been advised of the possibility of such damages. Without limiting the foregoing, you agree that the entire liability of the Company and our owners, affiliates, licensors and licensees, if any, under any legal claim (whether in contract, tort or any other legal basis) relating to your access to, use of, or inability to use, this Website or the information, products or services available through this Website, or our use of any User Content that you post on this Website or submit to us, will be limited to the amount actually received by you through our Service prepaid, less the time already used. Note: Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you. However, in such cases the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

15. Release of Liability and Indemnification You hereby release and agree to hold harmless the Company and our owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including but not limited to legal costs, arising out of or relating to: (i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under these Terms and Conditions, (ii) any claims by any third party relating to our use of any User Content that you posted on this Site or submitted to us, including, but not limited to, infringement of any copyright, trademark, trade secret, patent, proprietary right, or other claim, or (iii) any dispute between you and any third party, including, but not limited to, other users, advertisers, or parties to any actual, potential, or terminated sale or transaction.

16. Miscellaneous Using this website to send spam is strictly prohibited. By using this Website, you agree not to use information about other users of this Website or items posted or searched for by such users on this Website (including listing information, usernames, email addresses, telephone numbers and/or other information) for any purpose not expressly permitted by these Terms and Conditions. You are prohibited from posting information directed at minors or collecting personal information from minors. These General Terms and Conditions are governed by the laws of the Republic of Croatia. You hereby submit to the exclusive jurisdiction and venue of the District Court for the City of Split and surrounding areas in all disputes arising out of or relating to these Terms and Conditions, your use of this Website or the information, products or services available through this Website, or our use of any User Content posted by you on this Website or submitted to us. Use of this website or the information, products or services available through this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph. You agree that no joint venture, partnership, employment, or agency relationship is created between you and the Company as a result of these Terms and Conditions or your use of this Site or the information, products or services available therethrough. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may only use this website and the information, products and services available through it for lawful purposes. Any conduct by you that, in our discretion, restricts or inhibits any other person from using this website or the information, products or services available through it will not be permitted. You agree that any claim arising out of or related to this website or the information, products or services available through it shall be brought individually, without resort to any form of class action. You agree not to post, upload or transmit any Content, Visitor Materials, Customer Materials, information or materials relating to boats or other vessels in any country or region that has the subject matter or destination comprehensive U.S. or EU economic sanctions (including, but not limited to, Cuba, Iran, North Korea, Sudan, Syria and the Crimea region of Ukraine), or that affect any person or entity included on a restricted party list maintained under U.S., EU or other applicable economic or trade sanctions laws ("Sanctions Laws") or under export control laws of the United States, EU or a relevant EU Member State ("Export Control Laws"), including, but not limited to the U.S. Treasury Department's Office of Foreign Assets Control List of Specially Designated Nationals and Restricted Persons, and the EU Consolidated List, or with any person or entity 50 percent or more in the aggregate owned or controlled by such person, in each case to the extent such dealings or transactions violate sanctions or export control laws. Any entries that violate these provisions may be immediately removed by TopYachts. If any provision of these Terms and Conditions, or part thereof, is held invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and all other provisions of these Terms and Conditions will remain in full force and effect. Failure by the Company to exercise any right under these Terms and Conditions shall not constitute a waiver of that or any other right. These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties. Additional terms and conditions may apply when you use or purchase certain products or services from TopYachts. In the event of a dispute, if multiple conditions apply, the one most favorable to Company, its owners, affiliates, licensors and licensees will prevail. These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that in the event of a dispute, the Croatian version will prevail.

17. Compliance with regulations within the European Union (EU)

17.1. Compliance with the GDPR (General Data Protection Regulation) This regulation has been directly applicable law in all EU member states since May 25, 2018 and forms the basis for data protection in the EU.

• Data protection and privacy: The Company collects, processes, stores and protects personal data in accordance with the GDPR. Details on how we handle data can be found in our privacy policy.

• User rights: EU users have the right to access, correct and delete their data, to restrict processing, and to data portability and objection.

• Consent: The user’s consent to data processing is specific and unambiguous. Users can revoke their consent at any time.

17.2. EU consumer rights Consumers in the EU benefit from all mandatory provisions of the law of the country in which they are resident.

18. Changes to Terms of Use We reserve the right, in our sole discretion, to change these Terms and Conditions at any time as we deem appropriate by posting such changes on our website. What constitutes a material change will be determined in our sole discretion. Any changes, modifications, additions or deletions will be effective immediately upon posting unless otherwise stated. We will not specifically notify you that changes have been made, regardless of the scope or significance of the changes, and we therefore encourage you to review these Terms and Conditions periodically to be aware of the terms and conditions applicable to your access to and use of this Website and to our use of your User Content posted on this Website or submitted to us. Your continued use of this Website and/or submission of User Content to us following the posting of any such changes will constitute your acceptance of those changes. This website is subject to change at any time and we may restrict access to, temporarily or permanently discontinue, this website or any part of it at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms, in whole or in part, please stop using the Site and the Service. We reserve the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of the Company, its divisions, or its customers, affiliates, licensors or licensees.

19. Contact us If you have any questions, please feel free to contact us:

• by email at info@topyachts.com or • by telephone at +43 676 7382228 or • by post to Top Yachts d.o.o., Put Trscenice 6, HR-21000 Split

See also: Privacy Policy and Imprint.