1. General Provisions1.1. "Intelligent Seastems Monaco" LLC (hereinafter - "Company") offers Internet users (hereinafter - the "User") the opportunity to use its services on the terms and conditions of this User Agreement (hereinafter - the "Agreement", "User Agreement"). This Agreement shall take effect upon the User's express agreement with its terms according to Clause 1.4 hereof.
1.2. Company offers Users access to a wide range of information on yachts and related matters, such as a service of search through sales and charter listings, informative articles, tools for posting and storing information and materials (content), etc. All currently available services and tools as well as their development and/or addition of new services and tools shall be the subject of this Agreement.
1.4. By starting the use of any services/certain functions or going through the registration procedure, the User shall be deemed to have accepted the terms of this Agreement in full without any limitations or exceptions. If the User does not agree to any provisions of this Agreement, the User must not use Company's services. If Company makes any amendments to this Agreement as prescribed by Clause 1.3 hereof to which the User does not agree, the User shall cease to use any Company's services.
2. User Registration. User Account.s2.1. To use certain Company's specific functions of services, the User shall complete registration to create a unique account.
2.2. Upon registration the User shall provide valid and complete information requested in the registration form.
2.4. Means of access to the User's account.
2.5. Upon registration the User shall choose a login (a unique account name of the User) and password to access the account. Company may prohibit the use of certain logins and impose other requirements on the login and password (length, permissible symbols, etc.).
2.6. The User shall be responsible for security of the chosen password access to his/her account and for confidentiality of such password. The User shall be responsible for any actions (and their consequences) in and with Company services through the User's account including voluntary transfer by the User of information required to access the User account to third parties on any conditions (including by contracts or agreements). Any actions in or with Company's services performed through the User's account shall be considered done by the User, except for the cases when the User notifies Company via e-mail of unauthorized access to Company's services through the User's account.
2.7. The User may not reproduce, duplicate or copy, sell, resell or use for any commercial purposes any parts of Company services (including content available to the User through services, if otherwise is not clearly stated).
2.8. Account termination. Company may block or delete the User's account as well as prohibit access through any account to certain services and delete any content without giving reasons including in case the User violates the terms of this Agreement and terms of any documents listed in Clause 1.3.
2.9. The User may at any time delete its account at all Company's services by contacting administration via e-mail email@example.com.
3. General Usage and Storing Provisions3.1. Company may impose restrictions on the use of services for all Users or certain categories of Users (depending on the User's location, language of the service, etc.) including: availability/unavailability of certain service functions. Company may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information (for instance, electronic spam).
3.2. Company may send information messages to its users.
4. User Content4.1. The User shall be responsible for compliance of any content posted by the User with applicable legal requirements including responsibility to third parties in case posting by the User of any content or its subject matter infringes on rights and legitimate interests of third parties including personal non-property rights of authors, any other intellectual property rights of third parties and/or encroaches on other intangible assets.
4.2. The User acknowledges and agrees that Company is not under obligation to review any content posted and/or distributed by the User through Company's services and that Company has the right (but shall not be obliged to) at its discretion to prohibit the User from posting and/or distributing content or may remove any content available through Company's services. The User acknowledges and agrees that the User shall independently assess any risks related to using content including its reliability, validity or usefulness.
4.3. The User acknowledges and agrees that technologies of service operation may require reproduction (replication) of User content by Company.
4.4. The User agrees that Company will comply with relevant regulation in regard of complain to User's content, such as procedures under the applicable laws of the Principality of Monaco or other international legislations.
5. Terms of Company's Service Use5.1. The User shall be responsible to third parties for any actions related to the use of Service including any actions resulting in violation of rights and legitimate interests of third parties as well as compliance with laws upon using the Service.
5.2. Upon using Company's Services, the User shall not:
5.2.1. download, send, transmit or in any other way post and/or distribute any content that is illegal, harmful, slanderous, unethical or violates intellectual property rights, promotes hatred and/or racial, ethnic, sexual, religious or social discrimination or is insulting to any persons and/or organizations;
5.2.2. violate third party rights including underage people and/or cause harm in any way;
5.2.3. impersonate any other person or representative of an organization and/or community without being authorized to do so;
5.2.4. download, send, transmit or otherwise post and/or distribute content if not authorized to do so by law or contract;
5.2.5. interfere with regular operation of Company's websites and services;
5.2.6. assist any actions to violate any restrictions and prohibitions imposed by this Agreement;
5.2.7. otherwise violate legal standards including international law.
6. Exclusive Rights to Services and Content6.1. Any objects available through Company's services including design elements, text, graphics, illustrations, video, software, databases, music, soundtracks and other objects (hereinafter - service content) as well as any content posted at Company's services are exclusive property of Company, Users and other right holders.
6.2. Any content and service elements may be used only within functions offered by a particular service. No elements of Company's service content as well as any content posted at Company's services may be used in any other way without the right holder's prior consent. The term "use" shall include reproduction, duplication, processing and distribution on any basis, representation on frame, etc. The exception shall be any cases prescribed by Monegasque laws.
The personal non-commercial use by the User of service content elements and any content is authorized upon preservation of all marks of copyright, associated rights, trademarks, other notices of copyright, preservation of the name (pseudonym) of the author/right holder's name unchanged and preservation of corresponding object unchanged. The exception shall be cases directly stated by Monegasque laws.
7. Third Party Websites and Content7.1. Company's services may content links to other websites (third party websites). Such third parties and their content are not verified by Company for compliance with any requirements (validity, completeness, accuracy, etc.). Company shall not be responsible for any information or materials posted at third party websites that the User may access through the services including any opinions or statements at third party websites, advertising, etc. as well as availability of such websites or content and consequences of their use by the User.
7.2. A link (in any format) to any website, product, service, any commercial or non-commercial information published on the Website shall not be considered as approval or recommendation of such products (services, activities) by Company, unless directly stated at Company's resources.
8. Advertising at Company's Services8.1. Company may post advertisings at its services.
8.2. Company shall be responsible for its advertising at Company's services to the extent prescribed by Monegasque laws.
9. No Guarantees, Limitation of Liability9.1. The User uses Company's services at his own risk. Services are provided as is. Company accepts not responsibility including for compliance of services with the User's goals;
9.2. Company does not guarantee that services comply/will comply with User's requirements; that services will be provided without interruptions, promptly, sustainably and without errors; that results received with the use of services are accurate and reliable and may be used for any purposes or in any capacity (for instance, for identification and/or verification of any facts); that the quality of any product, service, information, etc. received through the services will meet the User's expectations;
9.3. Company shall not be liable for any losses resulting from the User using Company's services or separate parts/ functions of services;
10. Other Provisions10.1. This Agreement is an agreement between the User and Company regarding the procedure of using services and shall replace all previous agreements between the User and Company.
10.2. This Agreement shall be regulated and interpreted according to laws of the Principality of Monaco. Any issues not regulated hereby shall be settled according to Monegasque law. Any disputes arising out of relations regulated by this Agreement shall be settled as prescribed by applicable Monegasque laws according to Monegasque legal standards. In any part of this Agreement, unless otherwise stated, the term "law" shall mean laws of the Principality of Monaco as well as laws of the country of the User's location.
10.3. Due to the fact that services under this Agreement are provided free of charge, standards on consumer rights' protection under Monegasque laws shall not apply to relations between the User and Company.
10.4. Nothing in this Agreement shall be interpreted as agency, partnership, mutual activities, employment or any other relations not directly stated in this Agreement.
10.5. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions hereof.
Date of publication: 20.04.2016
Previous version of the document available on request.