Marine GeoGarage - Terms of Service
Updated: February, 2010.
By accessing to Marine GeoGarage.com, you are agreeing to be bound by these website Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
The owner of the website Marine GeoGarage.com and of all of its content and information as described herein, is Magic Instinct Software, a legal entity incorporated in France, having its place of business at 9, rue Alfred Kastler, 44300 Nantes, and Tax ID. number FR44431453521, registered in the Company Commerce Register of Nantes (France), SIRET 431 453 521 00046.
License of Use
These Terms of Service apply to all users of the Marine GeoGarage Website, including users who are also contributors of text information, geographic coordinates, multimedia materials, and other materials or services on the Website. The Marine GeoGarage Website includes all aspects of Marine GeoGarage, including but not limited to all products, software and services offered by Marine GeoGarage via the website.
The Marine GeoGarage Website may contain links to third party websites that are not owned or controlled by Marine GeoGarage. Marine GeoGarage has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Marine GeoGarage will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Marine GeoGarage from any and all liability arising from your use of any third-party website.
Permission is granted to temporarily download one copy of the materials (information or software) on Marine GeoGarage's website 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:
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); unless as authorized by Marine GeoGarage in writing.
- Attempt to decompile or reverse engineer any software contained on Marine GeoGarage's website
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or "mirror" the materials on any other server.
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Marine GeoGarage's prior written authorization.
You agree not to alter or modify any part of the Website or any of its related technologies.
You agree not to use the Website for any commercial use, without the prior written authorization of Marine GeoGarage.
Prohibited commercial uses include, but are not limited to, any of the following actions taken without Marine GeoGarage's express approval:
- sale of access to the Website or its related services on another website or devices.
- use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Marine GeoGarage website or any third-party website, targeted to the content of specific User Submissions or Marine GeoGarage content; and any use of the Website or its related services that Marine GeoGarage finds, in its sole discretion, to use Marine GeoGarage's resources or User Submissions with the effect of competing with or displacing the market for Marine GeoGarage, Marine GeoGarage content, or its User Submissions.
Prohibited commercial uses do not include:
- using the RSS feed, links or other feeds from Marine GeoGarage on an ad-enabled blog or website, provided the primary purpose of using the feed is not to gain advertising revenue or compete with Marine GeoGarage;
- any use that Marine GeoGarage expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Marine GeoGarage servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Marine GeoGarage grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Marine GeoGarage reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Marine GeoGarage Community Guidelines, and all applicable local, national, and international laws and regulations.
Marine GeoGarage reserves the right to discontinue any aspect of the Marine GeoGarage Website at any time.
Copyright and Trademarks
All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated and third-party content, shall remain at all times the property of Marine GeoGarage, its affiliates, associated companies, and/or licensors. The names, images and logos identifying Marine GeoGarage are proprietary marks of Magic Instinct Software, its associated companies and/or affiliates.
Their use here does not imply that you may use them.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Marine GeoGarage Website.
- The content on the Marine GeoGarage Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Marine GeoGarage, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Marine GeoGarage reserves all rights not expressly granted in and to the Website and the Content.
- You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Marine GeoGarage Website.
- User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Marine GeoGarage Website. User Submissions are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Marine GeoGarage Website or otherwise as prohibited under this Agreement.
- You may access Marine GeoGarage Content, User Submissions and other content only as permitted under this Agreement. Marine GeoGarage reserves all rights not expressly granted in and to the Marine GeoGarage Content and the Marine GeoGarage Website.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Marine GeoGarage Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Marine GeoGarage Website or the Content therein.
- You understand that when using the Marine GeoGarage Website, you will be exposed to User Submissions from a variety of sources, and that Marine GeoGarage is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Marine GeoGarage with respect thereto, and agree to indemnify and hold Marine GeoGarage, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Your User Submissions and Conduct
As a Marine GeoGarage account holder you may submit multimedia content (images, sound and /or video, refered to as "User Multimedia") and textual content such as names, comments and descriptions ("User Comments") all of which may or may not be assigned geographic coordinates on a map (ìUser Locationsî) User Multimedia and User Comments, together with the User Locations, are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Marine GeoGarage does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Marine GeoGarage to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights that might apply to your User Submissions. However, by submitting User Submissions to Marine GeoGarage, you hereby grant Marine GeoGarage a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Marine GeoGarage Website and Marine GeoGarage's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Marine GeoGarage Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Marine GeoGarage Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Marine GeoGarage Website. You understand and agree, however, that Marine GeoGarage may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Marine GeoGarage all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
Marine GeoGarage does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Marine GeoGarage expressly disclaims any and all liability in connection with User Submissions. Marine GeoGarage does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Marine GeoGarage will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Marine GeoGarage reserves the right to remove Content and User Submissions without prior notice.
Account Termination Policy
Marine GeoGarage will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer, or a single infraction is considered serious.
Marine GeoGarage reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length, or information that intends to create a navigational hazard or a hazard of any kind. Marine GeoGarage may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU AGREE THAT YOUR USE OF THE MARINE GEOGARAGE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MARINE GEOGARAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MARINE GEOGARAGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, OR USER SUBMISSIONS, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO COLLISION, SHIPWRECKING AND DROWNING, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE FOR ANY PURPOSES INCLUDING BUT NOT LIMITED TO NAVIGATION AND THE PRACTICE OF WATER SPORTS (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARINE GEOGARAGE WEBSITE. MARINE GEOGARAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MARINE GEOGARAGE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MARINE GEOGARAGE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Marine GeoGarage makes no warranty with regard to the accuracy or safety of any content or user submission, including but not limited to infopoints, waypoints, and routes, or any other geographical and/or textual or multimedia content or information. . The seas and other bodies of water are an everchanging and often perilous environment and you agree to exercise due caution in your activities. You also agree not to hold us responsible for any accident or other consequences of your use of the information published on Marine GeoGarage. The information contained on Marine GeoGarage is not meant as and does not replace directions and or proper training to operate vessels, sport gear and other equipment associated with sea activities.
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
Limitation of Liability
IN NO EVENT SHALL MARINE GEOGARAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO COLLISION, SHIPWRECKING AND DROWNING, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEBSITE FOR ANY PURPOSES INCLUDING BUT NOT LIMITED TO NAVIGATION AND THE PRACTICE OF WATER SPORTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MARINE GEOGARAGE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MARINE GEOGARAGE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Marine GeoGarage from its facilities in France. Marine GeoGarage makes no representations that the Marine GeoGarage Website is appropriate or available for use in other locations. Those who access or use the Marine GeoGarage Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Terms of Service Modifications
Law and Jurisdiction