Seabook - User Agreement
Last revised on May 29, 2015
Welcome, and thanks for using Seabook and other Seabook services! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
We are an online platform for shipping professionals including seafarers.
Our mission is to connect the world's sea faring professionals to allow them to be more productive and successful. Our vision is to help the world’s 1.5 million seafarers have better access to News and Information through a centralized Seabook hub where thousands of sources can be filtered into personalized news and information streams. At Seabook our mission is really simple: we help seafarers get connected!
When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by clicking “Join Now” “Join Seabook”, “Sign Up” or similar, registering, accessing or using our services (including Seabook, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our “Minimum Age.”
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Seabook account, which must be in your real name; and (3) you are not already restricted by Seabook from using the Services.
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Seabook to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
2.2. Your Membership
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
You'll honor your payment obligations and you are okay with us using cookies to store your information. Also, there may be fees and taxes that are added to our prices.
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
For Seabook, you can get a copy of your invoice by placing a request through email@example.com
2.4 Refund Policy
Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products are nonrefundable after purchase and delivery.
An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made.
Also, under the laws applicable in your jurisdiction, paid subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14 day period commences when the subscription service starts, which in the event of free trial promotions happens before you are first charged, and so there may be no fees paid to be refunded.
Note: All of your paid features expire as soon as your cancellation takes effect at the end of your current billing cycle.
For billing inquiries please contact firstname.lastname@example.org.
2.4. Notices and Service Messages
You're okay with us using our websites, and email to provide you with important notices. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
3. Rights and Limits
3.1. Your License to Seabook
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. You promise that your Seabook profile will be truthful.
As between you and Seabook, you own the content and information that you submit and you are only granting Seabook the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.
These rights are limited in the following ways:
1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except for the reasonable time it takes to remove from backup and other systems.
By submitting suggestions or other feedback regarding our Services to Seabook, you agree that Seabook can use and share (but does not have to) such feedback for any purpose without compensation to you.
3.2. Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
Seabook is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide.
3.3. News and Information Content, Sites and apps
When you see or use News and Information content received through our Services, it's at your own risk.
Third parties may offer their own products and services through Seabook, and we aren't responsible for those third-party activities.
By using the Services, you may encounter news or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Seabook generally does not review content provided by our news / information sources. You agree that we are not responsible for third parties' (including advertisers) content or news or information or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Seabook is not responsible for these other sites and apps - use these at your own risk.
We have the right to limit how you connect and interact on our Services.
We're providing you notice about our intellectual property rights.
Seabook reserves the right to limit your use of the Services. Seabook reserves the right to restrict, suspend, or terminate your account if Seabook believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).
Seabook reserves all of its intellectual property rights in the Services. For example, Seabook, and “Seabook” logos and other Seabook trademarks, service marks, graphics, and logos used in connection with Seabook are trademarks or registered trademarks of Seabook. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
To the extent allowed under law, Seabook (and those that seabook works with to provide the services) (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
To the extent permitted under law (and unless seabook has entered into a separate written agreement that supersedes this agreement), seabook (and those that seabook works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).
In no event shall the liability of seabook (and those that seabook works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) US $100.
This limitation of liability is part of the basis of the bargain between you and seabook and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if seabook has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
We can each end this Agreement anytime we want.
Seabook or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
6. Dispute Resolution
This Agreement shall be governed by Hong Kong law. All disputes pertaining to this Agreement shall be referred to the Hong Kong without prejudice to Seabook’s rights to initiate proceedings in a jurisdiction of its choice.
7. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Seabook has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Seabook may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 9.
8. Seabook “DOs” and “DON’Ts.”
8.1. Dos. You agree that you will:
8.2. Don'ts. You agree that you will not:
9. How To Contact Us
If you want to send us notices or service of process, please contact us:
BY MAIL at: email@example.com
Sea Sparkle Limited
Attn: Agreement Matters (Legal)
C/O Culture Technology Limited, 16th Floor, V Heun Building, 138 Queen’s Road Central, Hong Kong