The Digital Seas team welcomes you. We hope you find our service invaluable to your business success or the joy of a ship related hobby. The Digital Seas Client was created by, and is a Service of, JAKOTA Design Group GmbH.
The following are terms of accessing and/or using the Digital Seas website and using the Digital Seas service. By accepting the terms of the Agreement below and/or using the service, you are stating that you agree to be bound by all the terms of the Agreement below without modification, conditions, or notices.
- FEES and SERVICES. The basic functionality provided by the Digital Seas service is provided free of charge. Digital Seas may change its fee structure and/or provide an upgrade service at any time with notice.
- MEMBER RESPONSIBILITIES. To register for the Service, you must complete the registration process by providing Digital Seas with current, complete and accurate information as required by the registration form. You are solely responsible for any use and all activities that occur under your account. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Digital Seas and for any use or misuse of your account resulting from any third-party using a password or user name issued to you by Digital Seas. You agree to immediately notify Digital Seas of any unauthorized use of your account or any other breach of security known to you.
- INDEMNIFICATION. You agree to indemnify, hold harmless and defend Digital Seas, its contractors, its licensors, and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorneys' fees, arising from your use of the Digital Seas Client, the Service, and the Digital Seas website, including but not limited to your violation of this Agreement.
- THIRD PARTIES. If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement, including but not limited to warranty disclaimers, indemnity, limitations of liability, and proprietary rights, are applicable to the Third Party.
- DISCLAIMER OR WARRANTIES. The Digital Seas Client and the Service are provided 'as is'. Digital Seas and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Digital Seas nor its contractors makes any warranty that the Client, Service, or website will be error free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. You understand that the use of The Digital Seas client, the Service, and the website is at your own discretion and risk.
- LIMITATION OF LIABILITY. Digital Seas will not be liable to you or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service and/or use of the Digital Seas Client), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if possible Digital Seas has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.
Digital Seas's and its contractors' total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed $1.
- SERVICE LEVELS. Digital Seas does not guarantee the Service will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance, or force majeur.
- PROPRIETARY RIGHTS NOTICE. The Service, which includes but is not limited to the Digital Seas client and all intellectually property rights in the Service, will always be the property of Digital Seas. Digital Seas grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy, and use the Digital Seas client. You may use the client and the Digital Seas Service subject to acceptance of the terms of this Agreement.
You will not, nor will you, allow any third party to reverse engineer and/or create derivatives of the Digital Seas Client, using any method possible.
You will not, nor will you, allow any third party to modify the Digital Seas Client in any way.
You will use the Digital Seas Client and the Service solely for your internal use and will not make the Digital Seas Client available for any type of external service such as, but not limited to, an application service provider.
- TERMINATION. The Digital Seas Team may terminate the Service and/or website access at any time and for any reason without notice. If you wish to terminate this Agreement or your service, you may simply stop using the Service or stop accessing the website. However, although this agreement may terminate between the Digital Seas Team and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.
- MODIFICATIONS. The Digital Seas Team reserves the right, at its sole discretion, to modify or replace any part of these terms. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Digital Seas service or access to the Digital Seas website following the changes in these Terms constitutes acceptance of those changes.
- MISCELLANEOUS. Digital Seas shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and Digital Seas concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Texas without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Texas law, rules, and regulations, Texas law, rules, and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Collin County, Texas. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Digital Seas Client is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Digital Seas’s prior written consent and any such attempt is void. The relationship between Digital Seas and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.
Any notices to Digital Seas must be sent to:
JAKOTA Design Group GmbH
Leonhardstrasse 22
Rostock, 18057, Germany
Last updated: September 10, 2008