Terms of Service

The FleetMon team welcomes you. We hope you find our service valuable to your business success or the joy of a ship related hobby.

FleetMon is a service provided by JAKOTA Cruise Systems GmbH ("JAKOTA"). In the following Terms of Service, the term "We" refers to JAKOTA; the term "FleetMon" refers both to the technical platform driving the Website ("Site") and JAKOTA as its legal owner.

By accessing or using this Site you agree to be bound to the following Terms in their entirety and without modifications. They govern your access to or use of the Site, any information, text, photos, graphics or other materials (“Content”) and any services or software (“Services”) provided through the Site. You understand that these Terms limit JAKOTA’s liability and obligations to you and allow JAKOTA to suspend or terminate your access to and use of the Site, Content and Services in the event of a breach. If you do not accept these Terms, you may not use this Site.

Content and Services and Limitation of Liability

FleetMon provides Services and value-added Content related to shipping and the maritime fields, in particular ship positioning data. We gather information from a variety of internal and external sources and apply advanced extraction logics, automated and manual filtering and editing to produce the Content. We operate to the best of our ability, however a lot of Content is uploaded and transmitted by the community and the vessels directly and is therefore beyond the control of FleetMon. The data transmitted to FleetMon cannot always be checked for correctness. In particular, we accept no responsibility for the accuracy of the signals and the information derived from them.

FleetMon cannot make any representation about the continued availability, accuracy, reliability, completeness, correctness or quality of our Content or Services. Nor can we make any representation about the Content or Services’ fitness for any particular purpose. In particular, Content and Services may not be used for navigational purposes.

FleetMon shall not be held liable for:

  1. Losses that were not caused by our breach of these Terms;
  2. Any loss or damage that was not, at the time that the relevant contract was entered into with you, a reasonably foreseeable consequence of FleetMon breaching these Terms; or
  3. Losses relating to any business of yours, loss of profits or loss of opportunity.

In no event shall JAKOTA be held liable for any damages, expenses, injuries to body or life, whether direct or indirect, resulting from or connected with the use or non-use of the Site and its Content and Services, even in the case that JAKOTA may have had knowledge or been advised of the possibility of such damages, unless JAKOTA or its legal representatives caused damages by intent or gross negligence.

We are not liable for the abuse of data by third parties which have made the data available to themselves against our will (hacking), so long as FleetMon has protected the data according to the current standards of technology.

Nothing in these Terms is intended to exclude or limit FleetMon’s liability that cannot be excluded or limited by law.

Force Majure{% endblocktrans

For the purpose of these Terms, "force majeure" shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of FleetMon. If FleetMon is prevented or delayed in the performance of any of its Services under these Terms by force majeure, then it shall be excused from the performance or the punctual performance, as the case may be, from the date of such force majeure occurs, for so long as such cause of prevention or delay shall continue. Being excused from performance does not extend the duration of your entitlements under the subscription.

Indemnity

You agree to defend, indemnify and hold JAKOTA, its officers, directors, employees and agents free of responsibility for any any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with:

  1. Your access to or use of the Site, Content or Services;
  2. Your violation of these Terms;
  3. Your violation of any third party right, including, without limitation, any intellectual property right.

Submission of Information and Images to FleetMon

FleetMon appreciates any information and photos you submit and share with us and the user community. However, we take no responsibility and assume no liability for any submissions by users.

FleetMon reserves the right to reject ship photos or other content submissions or remove them from the Site at its sole discretion.

Copyright and Trademark Notices

All Content on this Site belongs to JAKOTA unless otherwise stated.

By posting ship photos to the site you declare that you are the owner of the photo or you have legally acquired the exclusive right to it. By posting ship photos or other content to the Site, you grant JAKOTA a non-exclusive, perpetual, non-transferable and irrevocable right to store, process, reproduce, distribute, display, publish and create derivative works on FleetMon and in related products. You acknowledge that submissions are non-confidential and non-proprietary.

You are only granted the right to view the Content on the FleetMon Site. You have no right to redistribute, resell or in any other way transfer or display Content delivered through this Service without express permission given by FleetMon in writing. Where permission to use the Content has been given, you shall expressly state its origin (i.e. “FleetMon.com”). If graphical elements from FleetMon are to be used which are subject to third parties’ rights, (e.g. Google Earth or vessel images uploaded by the community) you are solely responsible for obtaining the respective third party´s permission.

JAKOTA is not responsible for Content on websites operated by parties other than JAKOTA. This includes websites that are accessible from FleetMon through links. If you believe that FleetMon links to websites with inappropriate content, please contact us.

Product and company names mentioned on the Site may be the trademarks of their respective owners. JAKOTA does not intend to use any copyrighted material without permission. If you believe that materials hosted on FleetMon infringe your copyright, please contact us and let us know (support@fleetmon.com).

By way of information, OpenStreetMap map data is obtained under License from © OpenStreetmap contributors and some of the weather data shown on the Site is provided by the Norwegian Meteorological Institute and the NRK.

Use of the Site and prohibited activities

JAKOTA grants you a limited, revocable, non-exclusive, non-transferable and non-sub licensable license for beneficial use of the Content accessible on the Site.

You will safeguard your account information and be completely responsible for any use of your account by anyone other than you. In the event that you become aware of unauthorized use of your account, you must immediately notify FleetMon. We are under no circumstances liable for any loss or damage arising from your failure to comply with this term.

We retain the right, at our sole discretion, to delete your account or restrict our access to some of the Site’s Content and Services, at any time and for any reason, including, but not limited to, violation of the Terms. You agree not to do any of the following while using the Site, Content or Services:

  • Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes racism, hatred or harm against any individual or group; (vi) infringes or violates another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
  • Access or search the Site, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by FleetMon or other generally available third-party web browsers and their plug-ins;
  • In particular, accessing, monitoring, copying or processing of Content using any automated mechanisms such as spiders and robots without prior permission is strictly prohibited except for general-purpose public Internet search engines;
  • Bypass or circumvent measures employed to prevent or limit access to this Site and its Content; access, tamper with, or use non-public areas of the Site or its technical infrastructure; attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; take any action that imposes an unreasonable load on its infrastructure.

Paid Services

FleetMon offers Paid Services. These are prepaid and non-refundable. The fees will be billed from the date you elect the Paid Service. The Paid Service will automatically renew under the same conditions unless you cancel your subscription at any time before your current Paid Service is due to expire. You can cancel your subscription through the “My Subscriptions“ page on the Site.

You agree to FleetMon and third party processing partners storing your payment card information. You agree to pay the applicable fees as they become due plus all related taxes and to reimburse FleetMon for all collection costs and interest for any overdue amounts.

FleetMon grants you the right to access a Paid Service from only one device at any given time per account unless otherwise agreed. You may not disclose or make available your access credentials to third parties.

The availability of the Paid Service as well as the time, research and efforts made in its development are constitutive of the fees charged.

Access and use are governed by the version of these Terms current at the date of electing the Paid Service. FleetMon may change or add new fees and charges from time to time, but will give you advance notice of these alterations.

Free Trial Period

Your FleetMon membership may start with a free trial, intended to allow new and certain former members to test the service. The free trial will automatically convert into a Paid Service subscription at the end of the free trial period, unless you cancel your membership prior to the date it is due to expire.

Free trial eligibility and duration is determined by FleetMon at its sole discretion may be limited to prevent free trial abuse. Members with free trials are subject to the same Terms of Service as all other users of the Site.

Modification of the Terms

We reserve the right to change or modify these Terms at our sole discretion without prior notice. Please return to this page periodically to view the most current version of these Terms. By continuing to access and use the Site, Contents and Services, you agree to be bound by the updated Terms.

Severability

In the event that sections or individual terms of this statement are illegal, incorrect or unenforceable, the content or validity of the other parts remains uninfluenced by this fact.

Applicable Law and Jurisdiction

These Terms and any action related thereto are governed by the law of Germany. The exclusive jurisdiction and location of any action with respect to the subject matter of these Terms will be the courts located in Rostock, Germany; the language of jurisdiction being German.

In the event of inconsistencies between the different language versions of the Terms of Service on the Site, the applicable Terms shall be the English version.

Any notices to FleetMon must be sent to:

JAKOTA Cruise Systems GmbH
Strandstraße 87/88, 18055 Rostock, GERMANY
Phone: +49 381 36 76 500
Web: www.cruise-systems.com
Email: support@fleetmon.com
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