Seawatch24.com | Terms of Service for Seawatch24.com

Terms of Service

1. Terms

These Terms of Service (the "Terms") set forth the legally binding terms and conditions governing any use of the Services (as defined below) provided by Seawatch24 By using the Services, you acknowledge your understanding of, and agreement to, these Terms, which also incorporate our Privacy Policy. Any use of the Service is subject to these Terms. We may, from time to time, revise these Terms. Your continued use of the Services after the posting of any revisions will constitute your agreement to be bound by such revisions. Please read these Terms carefully before using the Services. If you do not agree to these Terms, you do not have the right to use the Services.

2. Registration process

Registered users of the Services are able to use certain additional services and functionality and may access additional data [as further explained in the service description]. Furthermore, registration is a prerequisite for enjoying any of our Paid Services (as defined below). During registration you will be asked to provide your e-mail address and password. Alternatively, you can use certain third party services, e.g. Facebook or Google. If you register to subscribe to any of our Paid Services you will also need to provide your name, last name and country of residence. If you are registering for Business Services (as defined below) you further have to provide company name and may provide address and VAT number. You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy or omission in such information or in the service resulting from any information provided by you. By becoming a registered user of our Services, you will also be prompted to give your consent to our processing of your personal data in accordance with our Privacy Policy. If you are a physical person, you must be over 18 years of age in order to register an account for the services. Upon completing the registration process, you will receive a confirmation e-mail containing your chosen information to the e-mail address you provided. This license will automatically terminate if you violate any of these restrictions and may be terminated by Seawatch24 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. User Account Security

Each user is personally and solely responsible for all actions and transactions made through his/her account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session. You agree to notify Seawatch24 immediately if you suspect any unauthorized use of your account or access to your password or account. If you wish to deactivate your account please contact us by using info at seawatch24 dot com.

4. Third Party Services

The Services are integrated with certain third party applications, websites, and services ("Third Party Services") to make available content, products, and/or services to you. These Third Party Services may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Seawatch24 does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services.

5. License

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Services. Unless otherwise stated in these Terms, this right is granted for your personal, non-commercial use only. Permission is granted to temporarily download one copy of the materials (information or software) from the Services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

Modify or copy the materials
Attempt to decompile or reverse engineer any software contained on the Services
Remove any copyright or other proprietary notations from the materials
Transfer the materials to another person or "mirror" the materials on any other server.

This license and the right to access the Services shall automatically terminate if you violate any provision of these Terms. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6. Paid Services

No paid services are currently available in our website

7. Fees and Payment

Are not relevant for our website as we do not offer any paid services.

8. Trademarks and Intellectual Property Rights

Ownership and all intellectual property rights in the Services or any content on the Services, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in us, or our licensor, and nothing in these Terms shall be interpreted as a transfer of such rights from us to You. You are solely entitled to the limited license to the Services specifically granted under these Terms. Specifically, the "Seawatch24" trademark and all trademarks appearing on the Services are property of us or our licensors and are protected by applicable laws. Use of these trademarks is by all means prohibited.

9. Data collection and Transmission

Any user may apply to participate in providing data to Seawatch24. Any user interested in participating may file an application by following the steps on Apply for a Receiver. If you already own a receiver you can simply follow the steps on Share your data. The transmission of data to us must be done in real-time. It is strictly forbidden to send any delayed or modified or manipulated or fabricated data, except where explicitly agreed otherwise in writing, as this would give an erroneous and misleading picture about the current positions of vessels.

10. Unauthorized Use/No Interference

You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party to) do any of the following: Use the Services or any data contain therein or provide, link, or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable; Impersonate any person or entity, or otherwise misrepresent your affiliation; Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information; Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the Services; Alter or delete information not provided by you, or interfere with the operation of the Services including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like. You also agree not to permit any other user of the Services to access, view, download or reproduce the material for any use not permitted by us.

11. User forum and chat

Seawatch24 may allow registered users to post a wide range of material on our website such as, for example, photos, discussions and comments on ships and vessel or the Service (hereinafter the "Material"). By posting Material on the Website, you consent to making the Material and your registered username available to the public and other users. The Material may not: contain content which is protected by copyright, trade mark law or other intellectual property rights without the express consent of the right holder; market any product, service or company; identify any individual person without that person's express consent (for example by name, address, image or video); or be offensive, disturbing, harassing, obscene, pornographic, discriminatory or in any other manner unsuitable or illegal. You are responsible for any damage suffered by Seawatch24 as consequence of the Material being made available in violation of these Terms. You consent to our reviewing of the content of your Material and acknowledge that we may remove any Material at our discretion. You are aware and understand that statements and opinions presented in the Material are those of other users and not those Seawatch24. Seawatch24 does not support or endorse such statements and opinions, and that such statements and opinions may be incorrect or misleading. You grant us the right to edit, copy, display, publish and distribute any information or material made available on the Services by you.

12. No warranties

The Services and the content therein are provided "as is" and "as available". We make no warranties, expressed or implied, and hereby disclaim any warranty, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services. We offer no guarantee that the pages, services, functions, choices and content of the Services will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it. The Services and the content therein may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Services are accurate, complete, or current. We may make changes to the materials contained on the Services at any time without notice. We do not, however, make any commitment to update the materials. The provided information on vessels position and identity, in particular, originate directly from the vessel, which transmit this information through public radio frequencies, according to the ‘Automatic Identification System’ (AIS). The information collected and published may contain errors, due to the intrinsic limitations of radio communications (e.g. limited coverage, interference, attenuation, special weather conditions etc.), due to erroneous configuration of the AIS devices on board, due to negligent data entry by vessel crew, due to erroneous position received by the vessel GPS and due to other factors beyond the control of the Seawatch24. Data is provided for informational purposes only and is not related by any means to the safety of navigation. Consequently, we cannot provide any type of guarantee and are neither responsible for the correctness, validity, thoroughness and accuracy of that information published, nor for the suitability of their usage for purposes other than informational only.

13. Exclusion of liability

Unless caused by our gross negligence or intent, we shall in no event be liable for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the Services or the use or inability to use the content of the Services, even if we have been notified of the possibility of such damage. We cannot guarantee the security of any transfer of information made via the Services. We do not assume any liability for the information contained on the Services. The Services may contain links to third-party websites which are not under our control. We are not responsible for the contents of, nor do we endorse, any third-party sites that are linked to the Services. We have not reviewed content on sites other than the Services and are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by us.

14. Changes to the Services

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Services. You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction apply to the Service in a way that may affect or impair the Paid Services, Seawatch24 shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Services.

15. Governing Law and disputes

Any claim relating to the Services shall be governed by the laws of Denmark without regard to its conflict of law provisions. All disputes arising out of or in connection with the present Agreement shall be finally settled by district courts of Denmark.