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Terms of Service

Terms of Service

By using TheBoatApp.com and/or TheBoatDB.com website, our mobile applications, API, premium services, or other information provided as part of the TheBoatApp/TheBoatDB services (collectively "TheBoatApp/TheBoatDB " or the "Service"), you are entering into a legally binding agreement with Marine Data Cloud, London, United Kingdom, based on the terms below, the TheBoatApp/TheBoatDB Privacy Policy and the TheBoatApp/TheBoatDB User Agreement (collectively referred to as the "Terms") and become a TheBoatApp/TheBoatDB user ("User").

If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

Introduction

TheBoatApp/TheBoatDB provides seamless experience and unified access of users’ boating data. More specifically, provides data management of logbook, inventory, maintenance, documents, checklists, tasks, alerts, reports, etc; along with technical boat data and metrics, ratios and boats comparisons. In short, a single marine data repository, providing consolidated data management, fully catalogued, organized and backed-up, accessible from anywhere on any device, online as well as offline.

Use of Services - Registration

Registered users of TheBoatApp/TheBoatDB are able to use certain extra Services and can access extra Data and/or functionalities, according to their Subscription.

During registration you will be asked to provide your name, surname and e-mail address, as well as selecting a username to be displayed to all users.

For the purposes of this contract, persons who subscribe to the Website and use the Services are considered as adults and able to act legally. Your registration is a valid declaration of intent. Any service provided to registered Users is ruled from the User Agreement of the website along with these present Terms of Service.

Protection of Confidential Information

Upon finishing the registration process, you will receive a confirmation e-mail at the e-mail address you provided.

Each user is personally and solely responsible for all actions and transactions made through his 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.

In case you notice any unauthorized use of your account or any other (real or potential) breach of security, you have to immediately notify TheBoatApp/TheBoatDB administrators. Marine Data Cloud is under no circumstances liable for any loss or damages arising from your failure to comply with this term. Marine Data Cloud maintains the right to delete an account, if violation of any of these Terms is proved.

If you wish to deactivate your account, please follow the instructions in the 'My Account' section.

Personal Data

Marine Data Cloud keeps a File of Personal Data of its registered users, which is handled as described in our Privacy Policy. The purposes of this collection and handling is also described in our Privacy Policy. By accepting these Terms of Use and Privacy Policy you also allow Marine Data Cloud to process your Personal Data.

Trademarks and Intellectual Property Rights

TheBoatApp/TheBoatDB, as a work of Intellectual Property is protected by European Law for the protection of Intellectual Property Rights.

Marine Data Cloud (“Provider”) and his partners maintain or legally possess the exclusive Intellectual Property Rights upon design, source code and the whole content of TheBoatApp/TheBoatDB (including pictures, graphics, photos, designs, texts, articles, scientific presentations and the services provided by the TheBoatApp/TheBoatDB), except where explicitly stated otherwise (e.g. photographs uploaded by third parties). Violation by any means of these rights will draw the subsequent penalties and liability defined by the applicable law. Indicatively, and non-exclusively, copying, modifying, publishing, distributing by any means of TheBoatApp/TheBoatDB content without prior written permit of the Provider is prohibited. Furthermore copying, modifying, decompiling or by any means unauthorized use of the TheBoatApp/TheBoatDB software is prohibited.

TheBoatApp/TheBoatDB trademark and all trademarks appearing on TheBoatApp/TheBoatDB are property of the Provider and/or third parties, companies/ respective owners and are protected by European trademark laws, as well as by international treaties and conventions. Use of these trademarks is by all means prohibited.

While using the Service, you may also upload your photographs on TheBoatApp/TheBoatDB. These pictures are presented freely to the public, as additional informational content of TheBoatApp/TheBoatDB. In most cases you should only post your own photos. Do not post photos or images from any other source unless you have an explicit permission by the copyright holder. By posting photos, you declare that you are the owner of the photo or you have legally acquired the exclusive right to it. TheBoatApp/TheBoatDB administrators will not be liable for the uploading of pictures without the permission of their creator. In the event that copyright holders require the images to be deleted from TheBoatApp/TheBoatDB system, such requests must be made in writing to TheBoatApp/TheBoatDB, by submitting a request here. Upon receipt of such advice, the administrators of TheBoatApp/TheBoatDB will delete the images as soon as possible. It is strictly forbidden to copy any material from this site and use it elsewhere, unless the copyright holder gives its explicit permission.

Marine Data Cloud reserves the right to provide access to photos to third parties through the website. The third party does not acquire any right to the photographs and can only display them on-the-fly by using a web link of a photo stored on TheBoatApp/TheBoatDB.

NMEA Gateway and Data Collection and Transmission

Installation of a compatible NMEA Gateway and all relevant equipment and accessories is performed by the user at who is fully responsible of this. Similarly, by such installation and further connectivity to TheBoatApp/TheBoatDB the user consents to the data collection and transmission to the servers of TheBoatApp/TheBoatDB. Users are free to stop sending this data whenever they wish.Users who provide this information recognize and accept Marine Data Cloud’s right to process and use the data in any appropriate way, apart from presenting them on TheBoatApp/TheBoatDB, including but not limited to storage, statistical or other analysis, data exchange with other sources, etc.

In some cases Marine Data Cloud may provide you with the necessary equipment, so that you install a compatible NMEA Gateway and send data to TheBoatApp/TheBoatDB. In that case you will be asked to sign an agreement with certain additional conditions and/or consent to the relevant Service Subscription.

Users Obligations

In the event of breach of any of these Terms, TheBoatApp/TheBoatDB administrators maintain the right, according to their judgment, either to remove the illegal or offensive content or to immediately delete the account of the user who misuses the Services or to restrict the user’s access to some of TheBoatApp/TheBoatDB services.

Paid Services

Any service purchase from TheBoatApp/TheBoatDB is ruled from the User Agreement of TheBoatApp/TheBoatDB along with these present Terms of Service.

Advertisement

Marine Data Cloud neither TheBoatApp/TheBoatDB are not responsible for communication between user and third service providers being advertised on TheBoatApp/TheBoatDB nor for any commercial transaction that may arise from this communication.

Exclusion of Liability

Marine Data Cloud does not guarantee the correctness, validity or scientific accuracy of the information contained on TheBoatApp/TheBoatDB, provided in any possible form, such as images, video, text, graphics, etc. The information provided should under no circumstances be regarded as advise, suggestion or incitement for a certain act. Any actions undertaken by users based on the information provided on TheBoatApp/TheBoatDB do not create any liability of the Provider.

The provided data, including the ones collected from user’s NMEA Gateway, originate directly from the user and user’s vessels, which transmit this information through some internet data service. The information collected and published may contain errors, due to the intrinsic limitations of the data service provider, due to erroneous configuration of the NMEA Gateway devices on board, due to negligent data entry by vessel’s crew, due to erroneous position received by the vessel’s GPS and due to other factors beyond the control of the Provider. Furthermore, vessel positions and/or other data may be not in real-time or incomplete. Data is provided for informational reasons only and is not related by any means to the safety of navigation or otherwise.

Consequently, the Provider, the administrators of TheBoatApp/TheBoatDB Services and their partners cannot provide any type of guarantee neither are 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.

Due to the nature and to the extent of information provided through the Internet, under any circumstances, negligence included, the Provider will not be held liable for any kind of damages you may suffer from the use or visit of the Website, services, choices and content of TheBoatApp/TheBoatDB. You visit the above content and services at your own initiative and risk.

Lack of Guarantee

The contents, services and software of TheBoatApp/TheBoatDB are provided on an "as is" and "as available" basis with no explicit, or presumed in any way, guarantees concerning TheBoatApp/TheBoatDB marketability, non infringement or suitability for a particular purpose.

TheBoatApp/TheBoatDB and Marine Data Cloud offer no guarantee that the pages, services, functions, choices and content of the Website will be provided without interruption or without errors or that mistakes will be corrected. TheBoatApp/TheBoatDB and Marine Data Cloud do not guarantee that the Website 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.

In no case will the Provider, the persons associated to him or the administrators of TheBoatApp/TheBoatDB Services be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages or loss of profit or revenue caused by the use of the Website.

Links

TheBoatApp/TheBoatDB may include links that lead to other websites, which are controlled by third parties. Under no circumstances will TheBoatApp/TheBoatDB neither Marine Data Cloud be liable for their content, or for any financial or other type of loss or damage the user that follows those links sustains. In no case does TheBoatApp/TheBoatDB guarantee that these links will be temporarily or constantly active. Furthermore, the external links cited are indicative and not exclusive or restrictive. TheBoatApp/TheBoatDB reserves the right to remove or add links without any warning to any party and to change the contents of the Website at any time.

Your using of TheBoatApp/TheBoatDB signifies your understanding and acceptance of the fact that the Provider is in no case responsible for the content of the hyperlinks cited in the Website, for the products/services being offered there and for the advertisements they contain.

Applicable Law/ Competent Courts

The present Terms of Service, as well as any modification or alteration on them are subject to English Law. All the above-mentioned terms are considered as essential. Should any of the terms become against the law, it becomes inactive and is removed from the present text without affecting in any way the validity of the other terms.

If any dispute or difference arises out of or in connection with the Service of TheBoatApp/TheBoatDB, it shall be resolved by the courts of England and Wales, which shall have exclusive jurisdiction.

If you disagree with the present Terms of Use you should not use TheBoatApp/TheBoatDB Services.

Changes to the Terms

TheBoatApp/TheBoatDB and Marine Data Cloud reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.