Effective Date: April 15, 2015
Scope of License
- Under the License, the Licensee may:
- download, install and use the Service for the Licensee’s personal purposes on any compatible device owned or controlled by the Licensee; and
- receive and use any updates to the Service as may be provided by the Licensor from time to time.
- The Licensor reserves the right to change, suspend, remove or disable access to the Service at any time without notice. In no event shall the Licensor be liable for the removal or disabling of, or for imposing limits on, access to or use of the Service.
Consent to processing of data
- Licensee shall not share its account or Login Information, nor let anyone else access its account or do anything else that might jeopardize the security of Licensee's account.
- In the event Licensee becomes aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of Login Information or unauthorized access to Licensee's account, Licensee must immediately notify Licensor and modify its Login Information;
- Licensee is solely responsible for maintaining the confidentiality of the Login Information, and Licensee will be responsible for all uses of its Login Information, including purchases, whether or not authorized by Licensee;
- Licensor reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
- Licensee further understands and agrees that by creating Licensee's account, Licensee will be providing all rights necessary to enable Licensor to collect and track (including through an application) the information as contained on the social network through which it subscribed, including without limitation, Licensee's profile picture, likes, interests, locations, contacts and friends list, Licensee's location, posts posted by Licensee, posts posted on Licensee's behalf (with your consent), posts Licensee is tagged in, pictures posted by Licensee, pictures Licensee is tagged in, history of posts, status messages Licensee's actions in the social network (shares, ignores, clicks and so forth) and any other information available thereon.
- Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
- Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner.
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services.
- Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information
- copy the Service except where such copying is incidental to normal use of the Service;
- rent, lease, lend, sell, redistribute or sublicense the Service;
- make alterations to, modifications of or derivative works based on the whole or any part of the Service, nor permit the Service or any part of it to be combined with or become incorporated in any other service or program;
- disassemble, decompile, reverse engineer the whole or any part of the Service, nor attempt to do any such thing except to the extent that such actions cannot be prohibited under applicable law;
- provide or otherwise make available the Service, in whole or in part, in any form to any person for commercial purposes;
- use the Service for any illegal activities, such as infringing or violating the rights of any other party;
- Make representations with respect to Licensor not approved in advance and in writing by Licensor. Licensee shall obtain Licensor's prior written approval to the content of any marketing message, and with respect to any use of Licensor's trade name and/or trademarks and/or designs in connection with the Services.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
- Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.
- exploit the Service in any unauthorized way whatsoever.
Intellectual Property Rights
- Licensor and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Services' Materials. Licensee hereby acknowledges that it does not acquire any ownership rights by using the Services or by accessing any of the Services' Materials, or rights to any derivative works thereof.
- Licensee is not required to provide Licensor with any feedback or suggestions regarding the Services or any of the Services' Materials. However, should Licensor provide Licensor with comments or suggestions for the modification, correction, improvement or enhancement of the Services and/or any of the Services' Materials, then, subject to the terms and conditions of these Terms if Use, Licensee hereby grants Licensor a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Licensor chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Licensor's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media Licensor chooses, but without reference to the source of such comments or suggestions.
- For avoidance of any doubt, Licensee hereby specifically agrees and certifies that:
- all intellectual property rights in the Services including the Services' Materials belong to the Licensor;
- rights in the Service are licensed, not sold, to the Licensee;
- the Licensee has no rights in or to the Service including in the Services' Materials other than the License; and
- the Licensee has no right to have access to the Service or any part thereof in source code form.
- In the event of any third party claim that the Service or the Licensee’s possession and use of the Service infringes that third party’s intellectual property rights, the Licensor shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Licensee expressly acknowledges and agrees that use of the Service is at the Licensee’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with the Licensee. To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and the Licensor hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Licensor does not warrant against interference with the Licensee’s enjoyment of the Service, that the functions contained in, or services performed or provided by, the Service will meet the requirements of the Licensee, that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty. Should the Service prove defective, the Licensee assumes the entire cost of all necessary servicing, repair or correction.
Limitation of liability and indemnification
- The Licensee acknowledges that the Service has not been developed to meet the individual requirements of the Licensee, and that it is therefore the Licensee’s responsibility to ensure that the facilities and functions of the Service meet the requirements of the Licensee.
- The Licensor is not in any way responsible for the use made by the Licensee of the Service. The Licensee understands that the Service is not meant and should not be used as means of navigation at sea or any other environment and the Licensor is not be responsible for any such use of the Service.
- To the extent not prohibited by law, in no event shall the Licensor be liable for personal injury, or any incidental, special, indirect, consequential or punitive damages whatsoever, including, without limitation:
- loss of profit,
- loss of business,
- business interruption,
- loss of business opportunity,
- loss of data or
- any other commercial damages or losses
arising out of or related to the Licensee’s use or inability to use the Service, however caused, whether in contract, tort or otherwise and even if the Licensor has been advised of the possibility of such damages.
- In no event shall the Licensor’s total liability to the Licensee for all damages exceed the amount of fifty euros (€50.00).
- The Licensor is responsible for addressing any claims of the Licensee or any third party relating to the Service or the Licensee’s possession and/or use of the Service, including, but not limited to: (a) product liability claims, (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement and (c) claims arising under consumer protection or similar legislation.
- WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL LICENSOR, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO LICENSEE OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM LICENSEE'S USE OF THE SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. LICENSEE SPECIFICALLY ACKNOWLEDGE THAT LICENSOR SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH LICENSEE.
- Licensee agrees to indemnify and hold Licensor, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
- Licensee's use of and access to the Services;
- Licensee's violation of any third party right, including without limitation any copyright, property, or privacy right;
- Any claim that any user submission made by Licensee has caused damage to a third party; or
- The Licensee represents and warrants that he or she:
- is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- is not listed on any U.S. Government list of prohibited or restricted parties.
- Third Party Material
- Licensee may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources ("Third Party Materials") via the Services. Licensee acknowledges sole responsibility for and assume any and all risks arising from its access to, use of or reliance upon any such Third Party Materials, and Licensor disclaims any liability that Licensee may incur arising from its access to, use of or reliance upon such Third Party Materials through the Services. Licensee acknowledges and agrees that Licensor: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to Licensee or any third party for any harm, injuries or losses suffered as a result of Licensee's access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services. Licensee's ability to access or link to Third Party Materials or third party services does not imply any endorsement by Licensor of Third Party Materials or any such third party services.
- Licensee may not use any Third Party Materials for which you have not obtained appropriate approval to use. Licensor cannot grant permission to use third party content.
- Links, Search Engines
The Services may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of Licensor and Licensor is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Licensor is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Licensor of the site or any association with its operators. Licensee acknowledges and agrees that Licensor will 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.
- LICENSEE AND LICENSOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any questions, complaints or claims with respect to the Service should be directed to:
Attn: Sailing Log
Ha Sandaot 10,