Terms & Conditions
1. Introduction
1.1. Agreement
When you register to this platform you agree to all of these terms. Your use of the
platform is also subject to our Cookie Policy and our Privacy Policy,
which covers how we collect, use, share, and store your personal information.
You agree that, by clicking "Register", "Sign Up" or similar, registering, accessing or
using our services (described below), you are entering into a
legally binding Agreement with DYNAMARINe (also referred to as "we" and "us"), even if
you are using our Services on behalf of a company.
If you do not agree to this Agreement ("Agreement" or "User Agreement"), do not click
"Register" (or similar) and do not access or otherwise use any of our Services.
Your use of our Services is also subject to our Privacy Policy and Cookie Policy.
1.2. Services
This Agreement applies to DYNAMARINe.com, DYNAMARINe-branded apps, DYNAMARINe Learning
and other DYNAMARINe-related sites, apps, communications and other services
that state that they are offered under this Agreement ("Services").
1.3. Users
Registered users of our Services are “Members” and unregistered users are "Visitors".
This Agreement applies to both. When you register and join the DYNAMARINe
Service, you become a Member. If you have chosen not to register for our Services, you
may access certain features as a Visitor.
1.4. Change
We may modify this Agreement, our Privacy Policy and our Cookies Policy from time to
time. If we make material changes to it, we will provide you notice through
our Services, or by other means, to provide you the opportunity to review the changes
before they become effective. If you object to any changes, you may close
your account. Your continued use of our Services after we publish or send a notice about
our changes to these terms means that you are consenting to the updated terms.
2. Obligations
2.1. Service Eligibility
The minimum age for the use of our Services is the age of 16 as a seafarer or 18 for a
Shore Operator. To use the Services, you agree that:
- you must be the "Minimum Age" or older
- you will only have one DYNAMARINe account, which must be in your real name
- you are not already restricted by DYNAMARINe from using the Services
2.2 Your Account
Members are account holders. To use the Services, you agree that you:
- Will not share an account with anyone else and will follow our rules described
in the Terms and Conditions, the Privacy Policy and the Cookies Policy and the
law.
- Try to choose a strong and secure password
- Keep your password secret, secure and confidential
- Will not transfer any part of your account (e.g., connections)
- Follow the law and our list of Dos and Don’ts
-
Are responsible for anything that happens through your account. In case of
misuse or breach of your account or of unauthorized or anyhow unlawful access to
it,
you must notify DYNAMARINe immediately. As between you and others (including
your employer), your account belongs to you. However, if the Services were
purchased
by another party for you to use, the party paying for such Service has the right
to control access to and get reports on your use of such paid Service; however,
it does not have rights to your personal account.
2.3 Notices and Service Messages
You agree with us providing notices to you through our websites, apps, and contact
information you provided to us. You agree to keep your contact information up to date.
If the contact information you provide is out of date or has been changed, you must
notify the updated contact information to us, otherwise you may miss out on important
notices.
DYNAMARINe is not responsible for any consequences due to the use of non-notified out of
date contact information. You agree that we will provide notices to you in the
following ways: (1) a notice within the Service, or (2) a message sent to the contact
information you provided us (e.g., email, mobile number, physical address).
3. Rights and Limitations
3.1. Your License to DYNAMARINe
You own all of the content, feedback, and personal information you provide to us, but
you also grant us a non-exclusive license to it. We’ll honor the choices you make
about who gets to see your information and content. You promise to only provide
information and content that you have the right to share, and that your DYNAMARINe
profile will be truthful. As between you and DYNAMARINe, you own the content and
information that you submit or post to the Services and you are only granting DYNAMARINe
and our affiliates the following non-exclusive license: A worldwide, transferable and
sublicensable right to use, copy, modify, distribute, publish, and process
information and content that you provide through our Services, without any further
consent, notice and/or compensation to you or others. These rights are limited
in the following ways:
-
You can end this license for specific content by deleting such content from the
Services, or generally by closing your account, except (a) to the extent you
shared it
with others as part of the Service and they copied, re-shared it or stored it
and (b) for the reasonable time it takes to remove from backup and other
systems.
-
DYNAMARINe will not include your content in advertisements for the products and
services of third parties to others without your separate consent
(including sponsored content). However, we have the right, without payment to
you or others, to serve ads near your content and information,
and your social actions on sponsored content and company pages may be visible,
as noted in the Privacy Policy.
-
DYNAMARINe will get your consent if we want to give third parties the right to
publish your posts beyond the Service. However, other Members and/or
Visitors may access and share your content and information, consistent with your
choices.
-
While DYNAMARINe may edit and make formatting changes to your content (such as
translating it, modifying the size, layout or file type or removing metadata),
this will not modify the meaning of your expression.
-
Because you own your content and information and we only have non-exclusive
rights to it, you may choose to make it available to others, including under the
terms of a Creative Commons license.
-
You agree that we may access, store and use any information that you provide in
accordance with the terms of the Privacy Policy and your choices (including
settings).
-
By submitting suggestions or other feedback regarding our Services to
DYNAMARINe, you agree that DYNAMARINe can use and share (but does not have to)
such feedback
for any purpose without compensation to you.
-
You agree to only provide content or information that does not violate the law
nor anyone’s rights (including data protection and intellectual property
rights).
You also agree that your profile information will be truthful. DYNAMARINe may be
required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change, suspend or end any Service, or change prospectively in our discretion. To
the extent allowed under law, these changes may be effective upon
notice provided to you. We may change or discontinue any of our Services. We don’t
promise to store or keep showing any information and content that you’ve posted.
DYNAMARINe is not a storage service. You agree that we have no obligation to store,
maintain or provide you a copy of any content or information that you or others
provide, except to the extent required by applicable law and as noted in our Privacy
Policy.
3.3. Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through DYNAMARINe,
and we aren’t responsible for those third-party activities. By using the Services, you
may encounter content or information that might be inaccurate, incomplete,
delayed, misleading, illegal, offensive or otherwise harmful. DYNAMARINe generally does
not review content provided by our Members or others. You agree that we
are not responsible for others’ (including other Members’) content or information. We
cannot always prevent this misuse of our services, and you agree that we are
not responsible for any such misuse. You also acknowledge the risk that you or your
organization may be mistakenly associated with content about others when we let
connections and followers know you or your organization were mentioned in the news. You
may opt out of this feature.
3.4. Limits
We have the right to limit how you connect and interact on our Services.
DYNAMARINe reserves the right to limit your use of the Services, including the number of
your connections. DYNAMARINe reserves the right to restrict,
suspend or terminate your account if DYNAMARINe believes that you may be in breach of
this Agreement or the law or you are misusing the Services
(e.g. violating any Do and Don’ts).
3.5. Intellectual Property Rights
We’re providing you notice about our intellectual property rights. DYNAMARINe reserves
all of its intellectual property rights in the Services. Using the Services
does not give you any ownership in our Services or the content or information made
available through our Services. Trademarks and logos used in connection with the
Services are the trademarks of their respective owners. DYNAMARINe logos and other
DYNAMARINe trademarks, service marks, graphics, and logos used for our Services
are trademarks or registered trademarks of DYNAMARINe.
4. Disclaimer and limitation of liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our
Services. To the extent allowed under law, DYNAMARINe and its affiliates (
and those that DYNAMARINe works with to provide the services) (a) disclaim all implied
warranties and representations (e.g. warranties of merchantability,
fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not
guarantee that the services will function without interruption or errors, and (c)
provide the service (including content and information) on an “as is” and "as available"
basis. Some laws do not allow certain disclaimers, so some or all of these
disclaimers may not apply to you.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you. To the extent permitted
under law (and unless DYNAMARINe has entered into a separate written agreement that
overrides this agreement), DYNAMARINe and its affiliates (and those that DYNAMARINe
works with to provide the services) shall not be liable to you or others for any
indirect, incidental, special, consequential or punitive damages, or any loss of data,
opportunities, reputation, profits or revenues, related to the services (e.g. offensive
or defamatory statements, down time or loss, use of, or changes to, your information or
content). In no event shall the liability of DYNAMARINe and its affiliates (and those
that DYNAMARINe works with to provide the services) exceed, to the T/C stated to the
binding contract between DYNAMARINe and the Client. This limitation of liability is part
of the basis of the bargain between you and DYNAMARINe and shall apply to all claims of
liability (e.g. warranty, tort, negligence, agreement, law) and even if DYNAMARINe or
its affiliates has been told of the possibility of any such damage, and even if these
remedies fail their essential purpose. Some Jurisdictions do not allow the limitation or
exclusion of liability, so these limits may not apply to you.
5. General Terms
Here are some important details about how
to read these terms and conditions.
The duration of the screening tokens kept
in your wallet, is five (5) years after the last token purchase. If there is a
balance on your account after this period, this balance will be lost and your
account will be considered as void. No token refund is available.
If a court with authority over this
Agreement finds any part of it not enforceable, you
and us agree that the court should modify the terms to make that part enforceable
while
still achieving its intent. If the court cannot do that, you and us agree to ask the
court to remove that unenforceable part and still enforce the rest of this
Agreement. To
the extent allowed by law, the English language version of this Agreement is binding
and
other translations are for convenience only.
This Agreement (including additional
terms that may be provided by us when you engage
with a feature of the Services) is the only agreement between us regarding the
Services
and supersedes all prior agreements for the Services. If we don't act to enforce a
breach of this Agreement, that does not mean that DYNAMARINe has waived its right to
enforce this Agreement. You may not assign or transfer this Agreement (or your
membership or use of Services) to anyone without our consent. However, you agree
that
DYNAMARINe may assign this Agreement to its affiliates or a party that buys it
without
your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms
of this Agreement and will provide you notice
if we do and we agree that changes cannot be retroactive. If you don't agree to
these
changes, you may stop using the Services. You agree that the only way to provide us
legal notice is at the addresses provided in Section 8.
6. DYNAMARINe Dos and Dont's
6.1. Dos
You agree that you will:
-
Comply with all applicable laws, including, without limitation, data protection
and privacy laws, intellectual property laws, anti-spam laws,
export control laws, tax laws, and regulatory requirements
- Provide accurate information to us and keep it updated
- Use your real name on your profile
- Use the Services in a professional and ethic manner
- DYNAMARINe has the right to provide to third parties anonymous processed STS
statistical data which include the vessels of the client. DYNAMARINe has also
the right to disclose to Equasis.org of European Maritime Safety Agency
information related to past STS operations that have been made available by the
client to DYNAMARINe during the provision of service by DYNAMARINe. The
following data may be transferred to Equasis: Mooring Arrangement sketch, Vessel
IMO number, Vessel size, Vessel mooring lines type, Vessel mooring fittings
type, Location of last STS operation, Date of last STS operation, Type of STS
operation, Participating vessel type and size.
6.2. Dont’s
You agree that you will not:
- Act in an unlawful, unprofessional or unethical manner in connection with our
Services, including being dishonest, abusive or discriminatory
- Post inaccurate, defamatory, obscene, shocking, hateful, racist, threatening or
otherwise inappropriate content or airing personal grievances or disputes
- Use an image that is not your likeness or a head-shot photo for your profile
- Create a false identity on DYNAMARINeThe occasional creation of clearly
fictional profiles by DYNAMARINe or with its express permission, in connection
with a promotional campaign, does not waive this obligation
- Misrepresent your identity (eg
- Create a Member profile for anyone other than yourself (a real person)
- Invite people you do not know to join your network
- Use or attempt to use another's account
- Harass, abuse or harm another person
- Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,”
“chain letters,” “pyramid schemes” or any form of solicitation unauthorized by
DYNAMARINe
- Develop, support or use software, devices, scripts, robots or any other means or
processes (including crawlers, browser plugins and add-ons, or any other
technology or manual work) to scrape the Services or otherwise copy profiles and
other data from the Services
- Bypass or circumvent any access controls or Service use limits (such as caps on
keyword searches)
- Copy, use, disclose or distribute any information obtained from the Services,
whether directly or through third parties (such as search engines), without the
consent of DYNAMARINe
- Solicit email addresses or other personal information from Members you don’t
know, without authorization
- Use, disclose or distribute any data obtained in violation of this policy or the
law
- Disclose information that you do not have the consent to disclose (such as
confidential information of others (including your employer))
- Violate the intellectual property rights of others, including copyrights,
patents, trademarks, trade secrets or other proprietary rights. For example, do
not copy or distribute (except through the available sharing functionality) the
posts or other content of others without their permission, which they may give
by posting under a Creative Commons license
- Violate the intellectual property or other rights of DYNAMARINe, including,
without limitation, (i) copying or distributing our learning videos or other
materials or (ii) copying or distributing our technology, unless it is released
under open source licenses (iii) using the word “DYNAMARINe” or our logos in any
business name, email, or URL except as provided in the Brand Guidelines
- Use DYNAMARINe invitations to send messages to people who don’t know you or who
are unlikely to recognize you as a known contact
- Post anything that contains software viruses, worms, or any other harmful code
- Manipulate identifiers in order to disguise the origin of any message or post
transmitted through the Services
- Create profiles or provide content that promotes escort services or
prostitution
- Create or operate a pyramid scheme, fraud or other similar practice
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for the Services or any related technology that is not
open source
- Imply or state that you are affiliated with or endorsed by DYNAMARINe without
our express consent (e.g representing yourself as an accredited DYNAMARINe
trainer)
- Rent, lease, loan, trade, sell/re-sell access to the Services or related data
- Sell, sponsor or otherwise monetize any Service without DYNAMARINe’s consent
- Deep-link to our Services for any purpose other than to promote your profile or
a Group on our Services, without DYNAMARINe’s consent
- Remove any copyright, trademark or other proprietary rights notices contained in
or on our Service
- Remove, cover or obscure any advertisement included on the Services
- Use bots or other automated methods to access the Services, add or download
contacts, send or redirect messages
- Monitor the Services’ availability, performance or functionality for any
competitive purpose
- Engage in “framing,” “mirroring” or otherwise simulating the appearance or
function of the Services
- Overlaying or otherwise modifying the Services or their appearance
- Access the Services except through the interfaces expressly provided by
DYNAMARINe, such as its mobile applications, DYNAMARINe.com and slideshare.net
- Use a Service for tasks that it is not intended for
- Override any security feature of the Services
- Interfere with the operation of, or place an unreasonable load on, the Services
(e.g spam, denial of service attack, viruses, gaming algorithms)
- Violate any additional terms concerning a specific Service that are provided
when you sign up for or start using such Service
7. Complains regarding the content
We respect the intellectual property rights of others. We require that information
posted by Members be accurate and not in violation of the data protection
and privacy rights, the intellectual property rights or other rights of third parties.
8. How to contact us
If you want to send us notices or service of process, please contact us at info@dynamarine.com