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|P_61_B||sQuidd.io, termes et conditions.|
|Validité : 4.0||Version p|
|Terms of Service:
Last Updated: March, 12 2014
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MEMBERS MAY VIEW AND SHARE INFORMATION ABOUT BOATING DESTINATIONS, UPDATE OTHER MEMBERS ON THEIR CURRENT AND PAST POSITIONS, VIEW OTHER MEMBERS' POSITION. YOU UNDERSTAND AND AGREE THAT SQUIDD.IO HAS NO CONTROL OVER THE ACCURACY OF INFORMATION PROVIDED WITHIN THE SERVICE AND OVER THE CONDUCT OF OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY VESSELS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. IN PARTICULARLY YOU UNDERSTAND THAT GEOGRAPHIC INFORMATION PROVIDED WITHIN THE SERVICE IS NOT INTENDED FOR NAVIGATION AND UNDER NO CIRCUMSTANCES SHOULD THE COORDINATES OF POINTS OF INTEREST TO CREATE NAVIGATIONAL WAYPOINTS.
“sQuidd.io Content” means all Content that sQuidd.io makes available through the Site, Applications, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and sQuidd.io Content.
“Content” means text, graphics, images, music, software (excluding the Applications), audio, video, address and contact information of specific boating destinations, or other materials.
“Member” means a person who completes sQuidd.io’s account registration process as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Applications or Services.
“Service Fees” means any charges that sQuidd.io may apply for access to specific subsets of Site, Applications or Services.
Certain areas of the Site and Applications (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Applications, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Applications, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING, UPLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
sQuidd.io reserves the right, at its sole discretion, to modify the Site, Applications or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Applications or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Applications or Services after we have posted a modification on the Site or via the Applications or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Applications and Services.
The Site, Applications and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Applications or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 18 or older.
How the Site, Applications and Services Work
The Site, Applications and Services can be used to search and display information about Destinations, to submit comments and additional information about existing Destinations, or to submit information about new Destinations. If you wish to provide any type of information, whether through comments or new Destination submissions, you must first register to create a sQuidd.io Account (defined below).
PLEASE NOTE THAT, AS STATED ABOVE, SQUIDD.IO CANNOT AND DOES NOT CONTROL THE CONTENT ASSOCIATED WITH ANY DESTINATION, THE NAVIGATIONAL HAZARDS OR THE SUITABILITY OF ANY DESTINATION FOR NAVIGATION. SQUIDD.IO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE IMPROPER USE OF INFORMATION CONTAINED IN THE SERVICE.
In order to access certain features of the Site and Applications, you must register to create an account (“sQuidd.io Account”) and become a Member. You may register to join the Services directly via the Site or Applications or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Google and Twitter); each such account, a “Third Party Account”, via our Site or Applications, as described below. As part of the functionality of the Site, Applications and Services, you may link your sQuidd.io Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to sQuidd.io through the Site, Services or Applications; or (ii) allowing sQuidd.io to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to sQuidd.io and/or grant sQuidd.io access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating sQuidd.io to pay any fees or making sQuidd.io subject to any usage limitations imposed by such third party service providers. By granting sQuidd.io access to any Third Party Accounts, you understand that sQuidd.io will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Applications via your sQuidd.io Account and sQuidd.io Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, some personally identifiable information that you post to your Third Party Accounts will be available on and through your sQuidd.io Account on the Site, Services and Applications. Please note that if a Third Party Account or associated service becomes unavailable or sQuidd.io’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Applications. You have the ability to disable the connection between your sQuidd.io Account and your Third Party Accounts, at any time, by accessing the “Preferences” section of the Site and Applications. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. sQuidd.io makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and sQuidd.io is not responsible for any SNS Content.
We will create your sQuidd.io Account and your sQuidd.io Account profile page for your use of the Site and Applications based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active sQuidd.io Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. sQuidd.io reserves the right to suspend or terminate your sQuidd.io Account and your access to the Site, Applications and Services if you create more than one (1) sQuidd.io Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your sQuidd.io Account, whether or not you have authorized such activities or actions. You will immediately notify sQuidd.io of any unauthorized use of your sQuidd.io Account.
You understand and agree that sQuidd.io makes no warranties, guarantees or other representations regarding the accuracy of Collective Content, and with specific regards to (i) the geographical position (latitude and longitude) of marinas, anchorages, ramps, docks or other places of interest, (ii) addresses and phone numbers of said places and (iii) information about said places and sailing facilities provided by other users and (iv) the geographical position of your and other members' boats. THE INFORMATION CONTAINED IN THE SERVICE IS NOT INTENDED FOR NAVIGATION. User shall continue to rely on official sources of information such as marine charts and sailing directions, as well as other officially recognized sources of navigational information.
Some Service features are identified as "Beta" or otherwise unsupported ("Beta Features"). Beta Features may contain bugs, errors, and other problems that could cause system or other failures and data loss. To the fullest extent permitted by law, Beta Features are provided "as is" and at Your option and risk.
Use or certain features of the Service is subject to monthly or daily limits as indicated throughout the Site or Applications. In particular, You can send a maximum of sixty (60) Log Posts using a Satellite Phone SMS message each month as part of your regular membership. sQuidd.io reserves the right to modify these limits or begin charging for the use of these features at its sole discretion in accordance with the policies regarding the amendment of this Agreement.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Applications, Services and Content. In connection with your use of our Site, Applications and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Applications, Services or Content;
use the Site, Applications or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Applications, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Applications or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Applications or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Applications or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Applications, or Services or collect or store any personally identifiable information about any other user other than for purposes of utilizing the Service;
register for more than one sQuidd.io Account or register for a sQuidd.io Account on behalf of an individual other than yourself;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, Applications or Services;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Applications or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise without the specific consent of sQuidd.io;
use, display, mirror or frame the Site or Applications, or any individual element within the Site, Services, or Applications, sQuidd.io’s name, any sQuidd.io trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without sQuidd.io’s express written consent;
access, tamper with, or use non-public areas of the Site or Applications, sQuidd.io’s computer systems, or the technical delivery systems of sQuidd.io’s providers;
attempt to probe, scan, or test the vulnerability of any sQuidd.io system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by sQuidd.io or any of sQuidd.io’s providers or any other third party (including another user) to protect the Site, Services, Applications or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Applications or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Applications or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
sQuidd.io will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. sQuidd.io may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that sQuidd.io has no obligation to monitor your access to or use of the Site, Applications, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Applications and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. sQuidd.io reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that sQuidd.io, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
The Site, Applications, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Applications, Services and Collective Content, including all associated intellectual property rights is the exclusive property of sQuidd.io and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services, or Collective Content.
Subject to your compliance with these Terms, sQuidd.io grants you a limited non-exclusive, non-transferable license to download and install a copy of the Applications on a single mobile device or computer that you own or control and run such copy of the Applications solely for your own personal use. Furthermore, with respect to any App Store Sourced Applications (defined below), you will only use the App Store Sourced Applications (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. sQuidd.io reserves all rights in the Applications not expressly granted to you by these Terms.
sQuidd.io Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, sQuidd.io grants you a limited, non-exclusive, non-transferable license, to (i) access and view any sQuidd.io Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Applications, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by sQuidd.io or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Applications and Services, you hereby grant to sQuidd.io a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Applications and Services. sQuidd.io does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Applications and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases that are necessary to grant to sQuidd.io the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or sQuidd.io’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Applications and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
sQuidd.io reserves the right, but has no obligation to, to edit or delete Member Content that it determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that contains information that is factually inaccurate beyond a reasonable doubt. For instance, sQuidd.io may alter the coordinates, address or type (i.e Marina, Anchorage, Dock etc) of a point-of-interest reported by a Member if such coordinates, address or type are clearly incorrect based on information available to sQuidd.io through commercial mapping and geo-coding services. In all other cases, good faith shall be assumed and no action shall be taken against the Member who added this information, since that Member may have been given misinformation him/herself, or otherwise misunderstood.
The Site, Applications and Services may contain links to third-party websites or resources. You acknowledge and agree that sQuidd.io is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by sQuidd.io of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of sQuidd.io used herein are trademarks or registered trademarks of sQuidd.io. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of sQuidd.io and you hereby irrevocably assign to sQuidd.io and agree to irrevocably assign to sQuidd.io all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At sQuidd.io’s request and expense, you will execute documents and take such further acts as sQuidd.io may reasonably request to assist sQuidd.io to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
sQuidd.io respects copyright law and expects its users to do the same. It is sQuidd.io’s policy to terminate in appropriate circumstances the sQuidd.io Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and sQuidd.io Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Applications and Services, and (b) deactivate or cancel your sQuidd.io Account. You may cancel your sQuidd.io Account at any time by sending an email to firstname.lastname@example.org. Please note that if your sQuidd.io Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Applications and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE OR APPLICATIONS, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SQUIDD.IO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SQUIDD.IO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SQUIDD.IO MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE CHARTER LISTINGS OR ANY VESSELS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SQUIDD.IO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CHARTER LISTINGS, VESSELS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SQUIDD.IO OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT SQUIDD.IO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY VESSELS. SQUIDD.IO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SQUIDD.IO.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY VESSELS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SQUIDD.IO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SQUIDD.IO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY VESSEL VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SQUIDD.IO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold sQuidd.io and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Applications, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Vessel, (iii) creation of a Listing or (iv) the use, condition or rental of a Vessel by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Vessel.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Applications except as authorized by United States law, the laws of the jurisdiction in which you obtained the Applications, and any other applicable laws. In particular, but without limitation, the Applications may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Applications and Services, you represent and warrant that (i) neither you nor your listed Vessel is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Applications and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. sQuidd.io does not permit Charter Listings associated with certain countries due to U.S. embargo restrictions.
Accessing and Downloading the Applications from iTunes
The following applies to any Applications accessed through or downloaded from the Apple App Store (“App Store Sourced Applications”):
You acknowledge and agree that (i) these Terms are concluded between you and sQuidd.io only, and not Apple, and (ii) sQuidd.io, not Apple, is solely responsible for the App Store Sourced Applications and content thereof. Your use of the App Store Sourced Applications must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Applications.
In the event of any failure of the App Store Sourced Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Applications to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Applications. As between sQuidd.io and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of sQuidd.io.
You and sQuidd.io acknowledge that, as between sQuidd.io and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Applications or your possession and use of the App Store Sourced Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and sQuidd.io acknowledge that, in the event of any third party claim that the App Store Sourced Applications or your possession and use of that App Store Sourced Applications infringes that third party’s intellectual property rights, as between sQuidd.io and Apple, sQuidd.io, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and sQuidd.io acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Applications against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Applications.
These Terms constitute the entire and exclusive understanding and agreement between sQuidd.io and you regarding the Site, Applications, Services, Collective Content, and any bookings or Charter Listings of Vessels made via the Site, Applications and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between sQuidd.io and you regarding bookings or Charter Listings of Vessels, the Site, Applications, Services, Collective Content. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without sQuidd.io’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. sQuidd.io may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by sQuidd.io (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Applications. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and sQuidd.io agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Applications (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and sQuidd.io are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and sQuidd.io otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.)
Arbitration Location and Procedure. Unless you and sQuidd.io otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and sQuidd.io submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. sQuidd.io will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, if sQuidd.io changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@sQuidd.io) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of sQuidd.io’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and sQuidd.io in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of sQuidd.io to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of sQuidd.io. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Applications, please contact sQuidd.io at info@sQuidd.io.
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