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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, the term "we" refers to JAKOTA; the term "FleetMon" refers both to the technical platform driving the Site and JAKOTA as its legal owner.

By accessing or using this Website (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 Website, any information, text, photos, graphics or other materials (Content) and any services or software (Services) provided through the Website. You understand that these Terms limit JAKOTA's liability and obligations to you, grant certain rights and allow JAKOTA to suspend or terminate your access to and use of the Site, Content and Services. If you do not accept these Terms, you may not use this website.

Content and Services provided by FleetMon

FleetMon provides Services and value-added Content related to shipping and the maritime fields, in particular ship positioning data. It gathers information from a variety of internal and external sources to produce its Content and applies advanced extraction logics, automated and manual filtering and editing. Some of these sources are driven by partners and are, hence, beyond the direct control of FleetMon. Although striving for the best results with commitment and diligence, FleetMon cannot make any representation of the continued availability, accuracy, correctness and quality of Content and information derived from them, or their fitness for any particular purpose.

In particular, Services and Content may not be used for navigational purposes.

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

Submission of Information and Images to FleetMon

FleetMon appreciates any Information you submit and share with us and the user community. We take no responsibility and assume no liability for any submissions by users.

By submitting ship photos (images) to the Site, you grant JAKOTA a non-exclusive, perpetual, non-transferable right to store, process, reproduce, and display them on FleetMon and in related products.

By submitting other content to the Site, you grant JAKOTA a non-exclusive, perpetual, transferable and irrevocable right to reproduce, distribute, display, publish and create derivative works from it.

You acknowledge and agree that submissions are non-confidential and non-proprietary.

Third parties have no right to redistribute, resell or in any other way transfer or display Content delivered through this Service to any other party.

FleetMon reserves the right to reject information and image submissions or remove them from the Site at its sole discretion.

Use of the website, prohibited activities

You will safeguard your account information and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Sites and the Services, at any time and for any reason, including, but not limited to, for violation of these 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 optionally offers Services for the access and use of which over a certain period of time a fee is charged (Paid Services). These Paid Services are prepaid and non-refundable. The fees will be billed from the date you elect the Paid Service. Access and use are governed by the version of these Terms current at the date of purchasing. FleetMon may change the fees and charges in effect, or add new fees and charges from time to time, but will give you advance notice of these changes.

FleetMon grants you the right to access a Paid Service at one computer at a given time only per purchase if not otherwise agreed. You may not disclose or make available your access credentials to third parties.

Availability of the Paid Service as well as time, research and efforts made in its development are constitutive for the charged fees. Above restrictions apply for the Content (information) presented in the Paid Service.

Liability

In no event shall JAKOTA be held liable for any damages, expenses, injuries of body and 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 knowledge or been advised of errors in the Content or possibility of such damages, except if JAKOTA, its legal representatives or its executing assistants caused damages by intent or gross negligence.

Indemnity

You agree to defend, indemnify, and hold JAKOTA, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, and Services; (ii) your violation of these Terms or referenced documents; (iii) your violation of any third party right, including without limitation any intellectual property right.

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 access and use of the Site, Contents and Services, you agree to be bound to the updated Terms.

Severability

In the event that sections or individual terms of this statement are not legal, incorrect or uninforcable, the content or validity of the other parts remain uninfluenced by this fact.

Copyright and Trademark Notices

All Contents of this Site is © JAKOTA Cruise Systems GmbH if not otherwise stated. All rights reserved. Ship photos are copyright by their respective owners.

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 whose contents is inappropriate, 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 may infringe your copyright, please contact us and let us know.

Maps

Other

  • Some of the weather data shown on FleetMon is provided by the Norwegian Meteorological Institute and the NRK.

Applicable Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws Germany. The exclusive jurisdiction and venue 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.

Any notices to FleetMon must be sent to:

JAKOTA Cruise Systems GmbH
Strandstraße 87/88, 18055 Rostock, GERMANY
Phone: +49 381 490 3218
Web: www.cruise-systems.com

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