Sailing Log App Terms of Use

Effective Date: April 15, 2015

These terms of use (“Terms of Use”) are a legal agreement concluded between you (“Licensee”) and BoatBook of Ha Sadnaot 10, Herzelia, Israel (“Licensor”) for the Sailing Log app (“Service”). The Licensor licenses use of the Service to the Licensee on the basis of these Terms of Use. The Licensor does not sell the Service to the Licensee. The Licensor remains the owner of the Service at all times.

By downloading, installing and using the Service, the Licensee agrees to the terms and conditions of these Terms of Use which shall bind the Licensee. The terms and conditions of these Terms of Service include, in particular, disclaimer of warranty in Section 5 and limitation of liability in Section 6.

If the Licensee does not agree to the terms and conditions of these Terms of Use, the Licensor does not license the Service to the Licensee and the Licensee must refrain from downloading, installing and using the Service. The Service can only be downloaded, installed and used in accordance with these Terms of Use.

Licensor reserves the right, in its sole discretion, to revise or modify these Terms of Use at any time, and Licensee agrees to be bound by such revisions or modifications. Licensees are responsible for viewing these Terms of Use periodically. Licensees continued use of the Services after a change or modification of these Terms of Use has been made will constitute Licensees acceptance of the revised Terms of Use.

If Licensee violates the Terms of Use, Licensor reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the accounts Licensee has created for using the Services. Licensee agrees that Licensor does not need to provide it with notice before terminating or suspending Licensee's account(s), but it may provide such notice in its sole discretion.

Licensee agrees that Licensor may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, for any reason, without notice to Licensee and without liability. Licensee declares that by acceptance of these Terms of Use and/or by using the Services Licensee is of legal age to form a binding contract with Licensor or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 13 years of age. Licensee may not use the Services and may not accept these Terms of Use if Licensee is a person barred from receiving the Services under the laws of the country in which Licensee is resident or from which Licensee uses the Services

  1. Scope of License

  1. The Licensor hereby grants to the Licensee a personal, non-exclusive, non-transferable non-sublicensable, revocable, limited scope license to use the Service on the terms and conditions of these Terms of Use (“License”). Use of the Services shall be solely for Licensee's own, private purposes and for no other purpose whatsoever. Licensee hereby acknowledges, that its license to use the Services is limited by these Terms of Use and, if Licensee violates or if at any point, Licensee does not agree to any of these Terms of Use, Licensee's license to use the Services shall immediately terminate, and Licensee shall immediately refrain from using the Services. If the Services or any part thereof is determined to be illegal under the laws of the country in which Licensee is situated, Licensee shall not be granted any license to use the Services, and must refrain from using the Services.
  2. Under the License, the Licensee may:
  1. download, install and use the Service for the Licensee’s personal purposes on any compatible device owned or controlled by the Licensee; and
  2. receive and use any updates to the Service as may be provided by the Licensor from time to time.
  1. 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.
  1. Consent to processing of data

  1. In order to register to our Services, Licensee may be asked to sign-in using Licensee's relevant social network's login . During the process of creating an account in order to access the Services, Licensee may be required to select a password or to allow us to access Licensee's account information from a social network service (the "Login Information"). The following rules govern the security of Licensee's account and Login Information. For the purposes of these Terms of Use, references to Licensee's account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Services, that are used to access the Services (for example, account information for a social network service account from which the Services are accessed):
  1. 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.
  2. 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;
  3. 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;
  4. Licensee is responsible for anything that happens through its account, whether or not such actions were taken by Licensee, including, for the avoidance of doubt, actions taken by third parties. Licensee therefore acknowledge that its account may be terminated if someone else uses it to engage in any activity that violates these Terms of Use or is otherwise improper or illegal;   
  5. Licensee undertakes to monitor its account and restrict use by any individual barred from accepting these Terms of Use and/or receiving the Services, under the provisions listed herein or any applicable law. Licensee shall accept full responsibility for any unauthorized use of the Services by any of the above mentioned;
  6. 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.
  1. Any personal information Licensee provides to Licensor when creating or updating its account or when Licensor access Licensee's account information from a social network service, which may include Licensee's name, e-mail address, picture, social media friends list, and any such other information, will be held and used in accordance with Licensor's Privacy Policy available at ("Privacy Policy") which constitutes an integral part of these Terms of Use. Licensee agrees that it will supply accurate and complete information to Licensor, and that Licensee will update that information promptly after it changes. Licensee represents and warrants that it has full right and authority to provide Licensor with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).
  2. 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.
  3. Without derogating from the provisions of Licensor's Privacy Policy, Licensee agrees to be presented in the Services with advertisements and promoting materials, including management by Licensor of Licensee's user page on a certain social network and periodic e-mails with content recommendations, and further including third party offers which may be designated specifically to Licensee based on Licensee's personal information.
  4. Without derogating from anything to the contrary herein, Licensor may further process personal data in accordance with the Licensor’s Privacy Policy, which among other things explains how and for which purposes data is processed, and the controls available when you use the Service.
  1. Restrictions

  1. Licensee represents and warrants that it has full right and authority to use the Services and to be bound by these Terms of Use. Licensee agrees that it will comply fully with these Terms of Use and all applicable domestic and international laws, regulations, statutes, ordinances that govern Licensee's use of such Services. Without limiting the foregoing and in recognition of the global nature of the Internet, Licensee agrees to comply with all local and international rules regarding online conduct. Licensee also agrees to comply with all applicable laws affecting the transmission of content or the privacy of persons.
  2. Licensee undertakes that it shall not defraud, or attempt to defraud, Licensor or other users, and that Licensee shall not act in bad faith in your use of the Services. If Licensor determines that Licensee has acted in bad faith and/or in violation of these Terms of Use, or if Licensor determines that Licensee's actions fall outside of reasonable community standards, Licensor may, at its sole discretion, terminate Licensee's account and prohibit you from using the Services. Licensee agrees that its use of the Services shall be lawful and that Licensee will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, Licensee agrees that it shall not:
  1. Create an account with or access the Services if Licensee is barred from receiving the Services under the provisions of these Terms of Use or any applicable law;
  2. Promote, host, display or implement the Services on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Licensor at its sole discretion), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate Licensor's Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the site; or (vi) infringe any right of any third party or violate any applicable law or regulation.
  3. 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;
  4. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner.
  5. 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.
  6. Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than Licensee, use bots or other automated software programs to defraud or which otherwise violate these Terms of Use and/or the terms of service of any third-party applications or social networks through which the Services is accessed;
  7. 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
  8. copy the Service except where such copying is incidental to normal use of the Service;
  9. rent, lease, lend, sell, redistribute or sublicense the Service;
  10. 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;
  11. 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;
  12. provide or otherwise make available the Service, in whole or in part, in any form to any person for commercial purposes;
  13. use the Service for any illegal activities, such as infringing or violating the rights of any other party;
  14. 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.
  15. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
  16. 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.
  17. exploit the Service in any unauthorized way whatsoever.
  1. Intellectual Property Rights

  1. Licensor and/or its affiliates retain all rights in the Services' materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Services' Materials"). The entire contents of the Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and/or other laws protecting intellectual property and related proprietary rights. Licensee shall not, nor shall Licensee cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms of Use or otherwise exploit any of the Services' Materials without Licensor's explicit, prior written consent. The foregoing shall not apply to Licensee's own user content that it posts through the Services in accordance with these Terms of Use. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Licensor. Any reproduction or redistribution of materials not in accordance with these Terms of Use is explicitly prohibited and may result in the termination of Licensee's account as well as severe civil and criminal penalties.
  2. 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.
  3. 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.
  4. For avoidance of any doubt, Licensee hereby specifically agrees and certifies that:
  1. all intellectual property rights in the Services including the Services' Materials  belong to the Licensor;
  2. rights in the Service are licensed, not sold, to the Licensee;
  3. the Licensee has no rights in or to the Service including in the Services' Materials other than the License; and
  4. the Licensee has no right to have access to the Service or any part thereof in source code form.
  1. 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.
  1. No warranty

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.

  1. Limitation of liability and indemnification

  1. 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.
  2. 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.
  3. 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:
  1. loss of profit,
  2. loss of business,
  3. business interruption,
  4. loss of business opportunity,
  5.  loss of data or
  6. 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.

  1. In no event shall the Licensor’s total liability to the Licensee for all damages exceed the amount of fifty euros (€50.00).
  2. 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.
  3. 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.
  4. 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:
  1. Licensee's use of and access to the Services;
  2. Licensee's violation of any term of these Terms of Use;
  3. Licensee's violation of any third party right, including without limitation any copyright, property, or privacy right;
  4. Any claim that any user submission made by Licensee has caused damage to a third party; or
  1. Conditions precedent

  1. The Licensee represents and warrants that he or she:
  1. has full right and authority to use the Services and to be bound by these Terms of Use.
  2. if legally incompetent, has obtained a verifiable consent from his or her legal guardian(s), as required under applicable law, to accept the terms and conditions of these Terms of Use;
  3. 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
  4. is not listed on any U.S. Government list of prohibited or restricted parties.
  1. Third Party Material

  1. 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.
  2. These Terms of Use do not authorize Licensee to, and Licensee may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against Licensee for any unauthorized use of their Third Party Materials.
  3. Without derogating from any of Licensor's rights and remedies under these Terms of Use and/or under law, Licensor will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, including the termination of Licensee's account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
  4. 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.
  1. 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.

  1. Termination

The License is effective until terminated by the Licensee or the Licensor. The Licensee’s rights under the License shall terminate automatically without notice from the Licensor if the Licensee fails to comply with any term or condition of these Terms of Use.

  1. Other terms

  1. The Licensor may transfer its rights and obligations under these Terms of Use to another person. The Licensee may not transfer his or her rights or obligations under these Terms of Use to another person.
  2. Notices to Licensee may be made via the Services and/or e-mail. Licensor may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices Licensee you generally on the Services. Licensee agrees that all agreements, notices, disclosures and any other communications that Licensor provide as aforementioned satisfy any legal requirement that such communications be in writing.
  3. By using or visiting the Services, Licensee agrees that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Use and any dispute of any sort that might arise between Licensee and Licensor. Any claim or dispute between Licensee and Licensor that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.
  4. 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.
  5. Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  1. Licensor address

Any questions, complaints or claims with respect to the Service should be directed to:

BoatBook Ltd.

Attn: Sailing Log

Ha Sandaot 10,

Herzelia, Israel

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