ShipNet AS, together with its subsidiaries (collectively ShipNet) created and maintain the ShipNet.no website (including all related websites, collectively ShipNet.no or the Sites) and other websites added to ShipNet.no from time to time to provide a repository where you (You or Your) and other ShipNet customers, users, and other interested parties (each, a User and collectively, Users) may obtain and share information around ShipNet’s products and services, and other topics found on ShipNet.no.
If You are accessing and/or using ShipNet.no on behalf of Your employer or as a consultant or agent of a third party (collectively Your Company), You represent and warrant that you are authorized to accept these TOU on such entity’s behalf, and that such entity agrees to indemnify you and ShipNet for violations of these TOU.
2. ACCEPTANCE OF TERMS
By accessing or using ShipNet.no, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, you must not attempt to access or use ShipNet.no.
Your access and use of the ShipNet.no, Content (defined below), or any forums or services provided on ShipNet.no (any Services), are subject to this TOU. Additionally, your use of the ShipNet.no, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms), which may be posted on the ShipNet.no where applicable.
This TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and ShipNet regarding Your access and use of the ShipNet.no, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control.
These TOU do not alter in any way the terms or conditions of any other agreement you may have with ShipNet AS or its subsidiaries or affiliates, for software, services or otherwise. All software licenses and professional services provided by ShipNet are governed by ShipNet’s license and service terms (License or Service Terms), and by ordering products or services from ShipNet through the Sites, you agree to be bound by and accept such License or Service Terms, which shall be executed by You.
3. CHANGES AND NOTICES
ShipNet reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of ShipNet.no and/or the Services at any time. ShipNet will notify You of any changes to this TOU only by updating the TOU which can be viewed via the TOU link.
ShipNet reserves the right to change or modify any of the terms and conditions contained in the TOU or any Controlling Terms, policy or guideline of ShipNet.no, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the TOU section, and you expressly agree to waive any notice of such changes.
Your continued use of ShipNet.no following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to review the TOU and applicable policies whenever you access ShipNet.no in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of ShipNet.no. If you do not agree to the amended terms, you must stop using ShipNet.no.
4. CONFIDENTIAL INFORMATION
Except for Web sites within ShipNet.no which are clearly identified as non-public (each a Non-Public), the ShipNet.no is intended to be a public forum subject to the terms of this Agreement and You agree not to provide ShipNet or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information.
Any Content that You send or upload to ShipNet.no will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
You agree not to reproduce any Confidential Information to which you are provided access through the ShipNet.no in any form except as authorized at the time of disclosure. Any reproduction of ShipNet Confidential Information shall remain the property of ShipNet and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of ShipNet. You do not acquire any rights in Confidential Information except the limited rights as described above.
In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with ShipNet Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which ShipNet or third parties protect against unrestricted disclosure to others which is either labelled Confidential, accessed through a restricted area of ShipNet.no, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU INTO SHIPNET.NO, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND SHIPNET TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF SHIPNET.NO.
5. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
You agree that ShipNet may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of ShipNet, Users, and the public.
6. COPYRIGHT POLICY
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You agree that You will not use ShipNet.no to infringe the Intellectual Property Rights of ShipNet or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of ShipNet Software, third party software, or any Content accessed on the ShipNet.no. As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
You may not copy, imitate or use, in whole or in part, without the prior written permission of ShipNet or the applicable trademark holder, any trademark or service mark of ShipNet or its licensors, including without limitation any logos, product or service name or slogan contained in the Sites. You may not use any metatags or any other “hidden text” utilizing “ShipNet” or any other name, trademark or product or service name of ShipNet without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ShipNet and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ShipNet.
If you believe that anything on the Sites infringes upon any copyright or trademark which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Armando J Tirado, Esq.,
Legal Department, ShipNet AS, Karoline Kristiansens vei 8, 0661 Oslo, Norway
7. RESPONSIBILITY FOR LINKS AND CONTENT, ADVERTISEMENTS AND PROMOTIONS
ShipNet.no may contain links to external websites and information provided on such external websites by ShipNet partners and third-party service providers. ShipNet shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You further agree that ShipNet shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked Web site. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on ShipNet.no (any Content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. ShipNet may provide third-party content and links to Web pages, Web sites and content of third parties (Third Party Content) and may make third party software applications (such as Google Maps) available to users (Third Party Applications) as a service to its users. ShipNet does not monitor or have any control over, and is not responsible or liable for, any Third-Party Content or Third-Party Applications. Third Party Content and Third-Party Applications are provided “AS-IS,” and ShipNet does not endorse or sponsor any Third-Party Content or Third-Party Applications. SHIPNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD-PARTY CONTENT OR THIRD-PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD-PARTY CONTENT AND THIRD-PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.
ShipNet may run advertisements and promotions from third parties on the Sites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ShipNet, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ShipNet is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ShipNet advertisers on the Sites.
8. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANT
Unless otherwise indicated, ShipNet.no and all content and other materials on the Sites or available through the Services, including, without limitation, the ShipNet logo, and all designs, text, graphics, pictures, news, forecasts, information, data, software, video, sound files, and other content and files, and the selection and arrangement thereof (Site Materials), are the proprietary property of ShipNet or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-transferrable license to access and use ShipNet.no, the Sites, the Services and the Site Materials for your non-commercial and personal use only. Use of any software (including any Third-Party Applications) downloaded or accessed from the Sites is subject to the terms of the applicable License and Services Terms and the respective end-user license agreement. Such license is subject to these TOU and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection and use of any data or product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; (g) use of any software or Third Party Applications except in accordance with any applicable end user license agreement; or (h) any use of the Sites, the Site Materials or the Services other than for its intended purpose. Any use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the prior written permission of ShipNet, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated herein, nothing in these TOU shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, postings, original or creative materials or other information, regarding the Sites or the Services that are provided by you in the form of email or other submissions to ShipNet (Submissions) are non-confidential and shall become the sole property of ShipNet. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, to ShipNet, and ShipNet shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By transmitting or uploading Content or Submissions to ShipNet.no, You grant ShipNet a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to ShipNet that You have the right, title, and/or authority to grant such license to ShipNet. ShipNet may elect not to post or publish the Content that You send or upload. If ShipNet elects to post or publish the Content, ShipNet may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
9. PERMISSIBLE USE OF SHIPNET.NO, HYPERLINKS
You are permitted to access ShipNet.no solely for Your personal, informational, non-commercial purposes.
ShipNet has adopted a policy of terminating, in appropriate circumstances and at ShipNet’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. ShipNet may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for non-commercial purposes, provided such link does not portray ShipNet or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, gratuitously violent, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a ShipNet logo or other proprietary graphic of ShipNet to link to the Sites without the express written permission of ShipNet. Further, you may not use, frame or utilize framing techniques to enclose any ShipNet trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without ShipNet’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ShipNet or any third party. ShipNet makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites or of Web sites linking to the Sites. Such sites are not under the control of ShipNet and ShipNet is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. ShipNet provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ShipNet of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
In the event You are in material breach of the Controlling Terms, ShipNet may, at its sole discretion refuse You any current or future use of ShipNet.no. ShipNet may remove any Content posted on ShipNet.no at ShipNets sole discretion. ShipNet shall not be liable to You or any third party for any termination or change to ShipNet.no and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of ShipNet.no or any other Users computer system, ShipNet may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
11. USER CONDUCT AND CONTENT
The Sites may include interactive areas or services (Interactive Areas), such as personal profile pages, user-to-user messaging features, rating tools, forums, product reviews, chat rooms, message boards, and other areas or services in which you or third parties create, send, post, share or store content, data, information, messages, text, music, sound, photos, video, graphics, applications, code or other materials or other items on or through the Sites (User Content). You are solely responsible for your use of such Interactive Areas and User Content and use them at your own risk. By using the Sites or the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or the Services any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise violate any local, state, national or international law, rule, or regulation;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content that, in the sole judgment of ShipNet, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose ShipNet or its users to any harm or liability of any type;
- User Content that encourages or glorifies any reckless, irresponsible, or illegal activity or behaviour; and
- User Content that, in its creation, involved any heightened risk of physical injury or harm to the creator of such User Content or any other person, or to any property or that involved any reckless, irresponsible, or illegal activity or behaviour on the part of the creator of such User Content.
Without limiting any of the foregoing, you also agree to abide by our Acceptable Use Policy that provides further information regarding acceptable conduct on the Sites. You understand and agree that the Acceptable Use Policy is subject to change by ShipNet at any time by posting an updated policy on the Sites. Any changes will be effective immediately upon posting of the revisions on the Sites.
YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR OWN RISK. SHIPNET IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS ON THE SITES OR FOR THE CONDUCT OF ITS USERS, NOR IS SHIPNET LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. While ShipNet may offer features that are designed to enable you to make aspects of the information or materials in your personal profile or your other User Content non-public, no system or security measure is perfect or impenetrable, and ShipNet is not liable for any inadvertent disclosure, public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential, classified or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, ShipNet is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although ShipNet has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, ShipNet reserves the right, and has absolute discretion, to screen, edit or monitor any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. ShipNet may also use a third party to perform such screening, editing or monitoring. Any use of the Sites or the Services in violation of the rules set forth herein violates these TOU and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.
If you post User Content to the Sites, you grant ShipNet and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully transferrable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, as well as the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these TOU and will not violate any rights of or cause injury to any person or entity.
You agree not to use ShipNet.no to:
- publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
- impersonate any person or entity, including, but not limited to, an ShipNet official, ShipNet employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other Users.
12. REGISTRATION AND REGISTRATION DATA
You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (Registration Data) and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to ShipNet, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to ShipNet. ShipNet reserves the right to refuse registration, or to refuse or limit access to the Sites and the Services, to anyone in its sole discretion for any reason or no reason.
You agree to indemnify and hold ShipNet, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your Content or Your usage of the ShipNet.no or Services, Your breach of this TOU or ShipNet’s Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
14. EXCLUSION OF SOFTWARE WARRANTIES
ShipNet.no, Content, and Services are being provided to You AS IS. ShipNet does not guarantee or warrant any features or qualities of the ShipNet.no, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to ShipNet.no, Content, Software or Services in promotional material or on ShipNet.no and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published ShipNet description of or advertisement except to the extent ShipNet has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of ShipNet’s management.
ShipNet does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on ShipNet.no, or the content obtainable on such web-pages or (ii) any information provided by third parties on ShipNet.no. ShipNet only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the ShipNet.no evidently contains illegal contents or infringements against intellectual property rights. ShipNet will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. ShipNet shall not be liable for damages caused by the use of the content and/or information.
15. LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SHIPNET AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SHIPNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SHIPNET.NO; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE SHIPNET.NO (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON SHIPNET.NO; OR (v) ANY OTHER MATTER RELATING TO SHIPNET.NO OR SERVICES. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHIPNET, SHIPNET.NO, THE SITES, THE SITE MATERIALS AND THE SERVICES (INCLUDING WITHOUT LIMITATION THE CHART SERVICES AND ANY SOFTWARE OBTAINED THROUGH THE SITES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIPNET HEREBY DISCLAIMS, AND USER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SHIPNET, EXPRESS, IMPLIED OR ARISING BY LAW OR OTHERWISE, AS TO THE SITES, THE SERVICES (INCLUDING WITHOUT LIMITATION THE CHART SERVICES), THE SITE MATERIALS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS), AND THE RESULTS OBTAINED FROM ANY OF THE FOREGOING, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SHIPNET, AND (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE. WITHOUT LIMITING THE FOREGOING, SHIPNET DOES NOT REPRESENT OR WARRANT THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH STANDARDS OR REGULATIONS OF ANY PROCEDURE PRESCRIBED BY A GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE OR THAT THE SITES, THE SERVICES OR THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SHIPNET IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITES OR USE THE SERVICES, AND YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR OWN RISK.
SHIPNET IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE SHIPNET ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, SHIPNET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, ITS SERVER(S), THIRD PARTY APPLICATIONS, OR ANY SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
16. EXPORT RESTRICTIONS
You are responsible for your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by any government. You shall not, either directly or indirectly, export or re-export any of the Site Materials or Services to any country or national thereof that is prohibited by any applicable laws and regulations from obtaining such Site Materials and Services.
17. APPLICABLE LAW
This site is created and controlled by ShipNet AS in Norway. Except as set forth herein, the laws of Norway will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
Your confidentiality obligations hereunder shall survive termination of Your access rights. Upon any termination of Your account, or ShipNet’s written request, you must cease use of Confidential Information, and/or Services and return or destroy all Confidential Information in Your possession or control.
19. WAIVER AND SEVERABILITY
The failure of ShipNet to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
Questions & Contact Information – Questions or comments about the Sites or the Services may be directed to ShipNet at the email address firstname.lastname@example.org or by calling us at +44 (20) 30403411.