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You must read and agree to these terms and conditions before your
subscription can be activated. Please read them carefully. For good and
valuable consideration, the sufficiency of which is acknowledged by you
and Seafirst Marine Services, you hereby agree to become a subscriber to Vessel Schedule or Track & Trace(the "Service"), and agree to be bound by all the terms
and conditions set forth in this agreement (the "Agreement").
The parties to this Agreement are you ("you" or
"Subscriber"), and Seafirst Marine Services Pte Ltd (the
"Company"). Subject to the terms and conditions set forth in
this Agreement, the Company agrees to provide you all the privileges of
a subscription to this site available to a Subscriber in good standing.
This Agreement is subject to change by the Company at any time, and
changes are effective upon notice to the Subscriber by e-mail, posting
at or via hyperlink to this site, or by mail.
ALL MATERIALS, INCLUDING GRAPHIC FILES, AUDIO FILES, VIDEO FILES, TEXT,
HYPERLINKS, INTERLINKS, SEARCH ENGINES, AND OTHER SOFTWARE THAT COMPANY
PROVIDES CONTAINED AT THIS SITE (COLLECTIVELY "MATERIALS") ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS WHO ARE IN
LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE COMMUNITY STANDARDS OR ANY
APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION. THIS INCLUDES, IF
APPLICABLE, THE LAWS AND REGULATIONS OF THE REPUBLIC OF SINGAPORE OR ANY OTHER
COUNTRY. YOU HEREBY WARRANT AND AFFIRM THAT IT IS LEGAL TO VIEW THE
MATERIALS WHERE YOU ARE LOCATED. NO PERSONS UNDER THE AGE OF EIGHTEEN
(18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE
CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN THIS SITE. YOU HEREBY FURTHER AFFIRM AND WARRANT
THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND CAPABLE OF
LAWFULLY ENTERING INTO THIS AGREEMENT.
Terminating Subscriptions: The Company or
its agent may terminate your subscription at any time, and without
cause. Subscriptions Are Non-Transferable: Subscriptions may
not be assigned or transferred to any other person or entity. Nor may
you provide any other person or entity access to your subscription,
either directly or indirectly. This includes, but is not limited to,
sending your username and/or password to other parties and making your
user name and/or password available where others may access them. You
must keep your password strictly confidential. Allowing others to gain
unauthorized access to this site is a breach of this Agreement and a
violation of law.
Notice To The Company: You must promptly inform Company or it agent in case of unauthorized
disclosure or use of an ID or password. Until the Company or its agent
is notified, by conventional mail, web site form, or e-mail of a breach
in security, you will remain liable for any unauthorized use of this
site.
You agree not to
access, view, download, receive or otherwise use, or cause or enable
others to access, view, download, receive or otherwise use materials,
directly or indirectly in places which the Company does not authorize
such access, viewing, downloading, receipt or other use. You acknowledge
and agree that the company does not authorize any Materials to be
accessed, viewed, downloaded, used by, transmitted, broadcast or
otherwise disseminated to any person or entity located in any and all
areas prohibited by law ("Prohibited Areas"). You further
acknowledge that the Company does not authorize you to cause or enable
others to access, view, download, receive or otherwise use the
Materials, directly or indirectly You agree that any and all
unauthorized access, viewing, downloading, receipt, duplication or other
use of the Materials in which you are directly or indirectly involved,
including, but not limited to 1) accessing, viewing, downloading,
receiving or other use of the Materials in Prohibited Areas and 2)
causing or enabling others to access, view, download, receive or
otherwise use the Materials, directly or indirectly, shall constitute
intentional infringement(s) of this site's and potentially others'
intellectual property rights and other rights in the Materials, and may
also constitute a violation of the Company's trademarks, copyrights and
other rights, including, but not limited to, the right of privacy. You
agree to be personally liable and fully indemnify the Company and its
agent for any and all damages directly, indirectly and/or
consequentially resulting from your attempted or actual unauthorized
downloading or other duplication of materials from the Service alone, or
with or under the authority of, any other person(s), including, without
limitation, any governmental agency, wherein such damages include,
without limitation, all direct and consequential damages directly or
indirectly resulting from unauthorized downloading of materials from
this site including, but not limited to, damages resulting from loss of
revenue, loss of property, fines, attorney's fees and costs, including,
without limitation, damages resulting from prosecution and/or
governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
Subject to the terms
and conditions set forth herein, this site hereby grants you a limited,
non-exclusive and non-transferable license to use the Materials during
the period in which you are a current Subscriber in good standing. You
may use the Materials only in accordance with the terms and conditions
of your membership, only on one computer at a time and, if this site
makes downloadable copies of the Materials available, you may make only
a single copy of such Materials for your personal use and enjoyment. You
may make no use of Materials not expressly authorized herein or by prior
express written authorization from the Company. Prohibited uses,
include, without limitation: (1) permitting other individuals to
directly or indirectly use the Materials; (2) modifying, translating,
reverse engineering, decompiling, disassembling the Materials (except to
the extent applicable laws specifically prohibit such restriction); (3)
making copies or creating derivative works based on the Materials except
as provided herein; (4) renting, leasing, or transferring any rights in
the Materials; (5) removing any proprietary notices or labels on the
Materials; and (6) making any other use of the Materials. This license
does not grant you any rights to any software enhancements or updates of
any kind. Except for public domain material or material otherwise
licensed to Company for electronic dissemination, all Materials
displayed at or otherwise available through this site are proprietary,
and, except for initial downloading, may not be copied, redistributed,
or downloaded, in whole or in part, without the prior written
authorization of Company. All editions of this site, and all Materials
and other matter used directly or indirectly in, at, by, through and/or
with this site are protected by the copyright laws of the Republic of Singapore,
international copyright treaties and other laws and regulations. All
rights are reserved. All intellectual property and other rights in and
to the Materials and other matter at this site shall at all times remain
in Company, its parent(s), subsidiary or subsidiaries, licensee(s) and
assign(s). All intellectual property and other rights in and to any
intellectual property content accessed through the Materials is the
property of the applicable content owner, which may be the Company, its
parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or
others, and may be protected by applicable copyright and/or other laws.
The limited and non-exclusive license granted to you herein grants to
you no rights to use such content except as set forth herein. This
license will immediately terminate automatically if you fail to comply
with the limitations described herein, breach any other provision of
this Agreement, cease, for any reason, to be a Subscriber in good
standing, or are notified of its termination by the Company or its
authorized agent(s). You agree that upon such termination, you will
immediately destroy all copies of the Materials in your possession.
You agree that
Materials and all other services provided to you by Company are provided
on an "AS IS" basis, without warranties of any kind, including
without limitation 1) any warranties as to the availability, accuracy,
or content of Materials, information, products, or services; 2) any
warranties of merchantability or fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance of
the Materials and all services provided by Company is borne by you.
Should the Materials or any other service provided by Company prove
defective and/or cause any damage to your computer or inconvenience to
you, you, and not Company, assume the entire cost and all damages which
may result from any and all such defects. This disclaimer of warranty
constitutes an essential part of the Agreement. Some states do not allow
exclusions of an implied warranty, so this disclaimer may not apply to
you and you may have other legal rights that vary from state to state or
by jurisdiction. Under no circumstances and under no cause of action or
legal theory, shall Company, its suppliers, licensees, resellers, or
other subscribers, or their suppliers, licensees, resellers or
subscribers be liable to you or any other person for any indirect,
special, incidental, or consequential damages of any character
including, without limitation, damages for loss goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages
resulting from any use of Materials or other use of this site. Goods and
Services Offered By Other Parties: Company does not screen or endorse
advertisements or communications submitted to this site by third-party
licensees, advertisers, or subscribers for electronic dissemination
through this site. Subscribers are therefore advised to use their own
judgment to evaluate all advertisements and other communications
available at or through the use of this site prior to purchasing goods
and/or services described at this site or otherwise responding to any
communication at this site.
Any liability of the
Company and its agent including without limitation any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or
destruction or unauthorized access to, alteration of, or use of records,
whether for breach of contract, tortuous behavior, negligence, or under
any other cause or action, shall be strictly limited. The Company is not liable
for damages resulting from disseminating, failing to disseminate, or
incorrectly or inaccurately disseminating any Materials, data,
advertisement or other communication at or through this site.
If the Company
should at any time provide any service which enables you to communicate
with or otherwise share information with other Subscribers or persons
providing any kind or service to Subscribers, you agree not to submit,
publish, display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material while
connected to or otherwise directly or indirectly using this site or
other services provided to you by Company. Transmission of such material
or any material that violates any federal, state, or local law in the
United States or anywhere else in the world is strictly prohibited and
shall constitute a material breach of this Agreement entitling Company
to immediately terminate all rights to access to this site. You are
solely responsible for all information that you submit, publish,
display, disseminate or otherwise communicate through this site even if
a claim should arise after termination of service. If the Company
provides any such service described herein, you agree that all messages
and other communications by you shall be deemed to be readily accessible
to all other Subscribers who are authorized to access this site and
agree that all such messages and other communications shall not be
deemed to be private or secure. Regardless of whether the Company
provides any type of service described herein, you agree that you have
hereby been informed and noticed that any and all messages and other
communications which you submit to Company directly or through this site
can be read by the operators and/or other agents of Company, whether or
not they are the intended recipient(s). Notices from this site to
Subscribers may be given by means of e-mail, by general posting on the
site, or by conventional mail. Communications from you to the Company
may be made by e-mail or conventional mail. All questions, complaints,
or notices to this site may be sent in the following manner: a. By means
of the web site form You are responsible for providing all personal
computer and communications equipment necessary to gain access to you
Subscription. Access to and use of you Subscription is through the use
of a password. This Agreement contains the entire agreement between the
Subscriber and Company regarding Subscribers' use of this site,
Materials and all materials directly and indirectly related thereto.
This Agreement supersedes all prior written and oral understandings,
writings, and representations and may only be amended upon notice by the
Company. This Agreement shall be governed by and construed under the
laws of the Republic of Singapore. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded. If any provision
of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it
enforceable. Unless otherwise explicitly stated, the provisions of this
Agreement shall survive its termination.
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