These terms and conditions govern all use of the Web Site, Services or Application’s use for the Android or the iPhone (as defined below). If you use the Web Site, Services or the Application, you will be deemed to have accepted these terms and conditions. If you do not agree with these terms and conditions then you must immediately cease using the Web Site, Services or the Application. Marineforecaster may add to, remove or amend the provisions of this agreement (or any additional terms and conditions relating to the Services or use of the Application) from time to time, and reserves the right to impose terms and conditions on different types or classes of users. All additions and changes will be notified to you through posting on the Web Site and you are solely responsible for ensuring that you have knowledge of those terms and conditions once they are so posted. No separate notification will be given. It is your responsibility as a user to refer to these additions and changes. The additions and changes will come into effect immediately on being posted. If you access the Web Site, Service or other data through our Application after the time of posting you are deemed to have accepted the relevant changes.
1.1 Access to, and the availability of, the Web Site, Services and Application’s use may be interrupted, restricted or delayed from time to time. Marineforecaster does not give any warranties of any kind, express or implied, in respect of the availability or performance of the Web Site, the Services or the Application.
1.2 While Marineforecaster uses all reasonable endeavours to ensure the accuracy of the information on the Web Site or the application, uncertainty is unavoidable in weather forecasting, and you, as a user of the Web Site or the application, the Information and the Service, acknowledge this. The Information is provided “as is” and on an “as available” basis without warranties of any kind, express or implied, including accuracy, completeness, correctness, timeliness or fitness for any particular purpose. You agree that you must evaluate, and bear all risks associated with, the use of any information, including any reliance on the accuracy, completeness, correctness, timeliness or usefulness of such Information.
1.3 All Marine Forecast Data available on the application is produced by third parties and not Marineforecaster. Marineforecaster provides this information as produced by the relevant third party, and does not undertake any inspection or examination whatsoever in regard to the accuracy of the Marine Forecast Data. You acknowledge and agree that Marineforecaster has no liability and takes no responsibility in regard to the Marine Forecast Data, including its accuracy, completeness, correctness, timeliness or fitness for any particular purpose. You agree that you must evaluate, and bear all risks associated with, the use of the Marine Forecast Data including any reliance on the accuracy, completeness, correctness, timeliness or usefulness of such Marine Forecast Data.
1.4 All Bathymetry maps are for reference purpose only.
You assume all responsibility and risk for their use and for the Web Site, Services and Application’s use for Android or iPhone. The depths listed in the specific bathymetry chart are 0.40m, 1m, 3m, 7m, 10m, 20m, 50m, 100m, 500m and respectively in feet such as 1ft, 3ft, 10ft, 23ft, 33ft, 65ft, 164ft, 328ft, 1640ft. This means that these are the only depths appear on this map and not any other depths that may exist in the near area. These maps can not be safely used for navigation but were created to provide insight into the specific depths of each area and for fishing purposes. These bathymetry charts meant not to replace the use of authorized government charts. Only official government charts and notices to mariners contain all information needed for the safety of navigation, and as always, the captain is responsible for their prudent use. You agree to accept all responsibility and risks associated with navigation in case you decide to make use of those data.
1.5 Although Marineforecaster uses reasonable endeavours to prevent viruses or other destructive features being introduced to the Web Site, Services and Application’s use for Android or iPhone, Marineforecaster does not guarantee or warrant that the Web Site, Services or the Application’s use or any materials that may be available from the Web Site do not contain such viruses or other destructive features. Marineforecaster will not be liable for any damages or harm caused directly or indirectly by any such features. If you rely on the Service and any materials available through this Site or the Application, you do so solely at your own risk.
- Prohibited Use and Compliance with Policies
2.1 Marineforecaster provides the Information for your own personal use in accordance with this agreement. You must not reproduce, duplicate, sell, resell, license, exploit or resupply all or part of such Information (whether for consideration or not) to any other person, or permit any other person to use any User Identification issued to You to gain unauthorized access to a Service or any Information. You may only use the Web Site, the Services and the Information of the Application for lawful purposes.
2.2 You undertake and agree to comply in all respects with the Site Policies in your use of the Web Site, the Services and the Information of the Application. If you fail to fully comply with the Site Policies, Marineforecaster may immediately terminate this agreement.
- Use of the Services
3.1 If Marineforecaster accepts your registration to use a Service, you will be granted a non-exclusive, non-transferable, limited license to access and use the Web Site, the Services and the Information of the Application. You undertake and warrant that:
- the information you provide in order to register in order to use the Maps and the Bathymetry Data provided is true, current and complete; and
- You will notify Marineforecaster promptly of any changes to your contact details or other information required by Marineforecaster during the registration process or otherwise, so that such information remains true, current and complete at all times.
3.2 If you provide any information that is untrue, inaccurate, incomplete or misleading, or Marineforecaster has reasonable grounds to suspect such information is untrue, inaccurate, incomplete or misleading, then Marineforecaster may suspend or terminate your account and refuse any current or future use of the Service (or any portion thereof) by you.
3.3 All access to and use of a Service made using any User Identification issued to you is your sole responsibility, whether or not such access and use is authorized. You are responsible for protecting and securing your User Identification from unauthorized use, and for ensuring that you exit from your account at the end of each session. If you believe that there has been or is likely to be unauthorized use of your user identification, you must notify Marineforecaster immediately by email to email@example.com.
3.4 Where you are not a commercial user, you warrant to Marineforecaster that you are accessing and will use the Web Site, the Services and the Information of the Application and any resulting material derived or obtained from the Web Site, the Services and the Application solely in sporting and recreational boating purposes (including but not limited to sailing, boating, recreational fishing, etc.) and for no other purpose (whether commercial or otherwise). You further warrant that you will notify Marineforecaster immediately if the nature of your access to Web Site, the Services and the Information of the Application and any resulting material derived or obtained from the Web Site, the Services and the Information changes from that you specified during the registration process. not alter, modify, tamper with, translate, adapt, decompile, reverse engineer or disassemble any Information or other material to which you may have access through your use of the Web Site, the Services and the Application. You indemnify Marineforecaster for any expenses, costs, damages and losses it may sustain or incur, directly or indirectly, as a result of your breach of this clause 3.4.
3.5 You warrant that you will not alter, modify, tamper with, translate, adapt, decompile, reverse engineer or disassemble any Information or other material to which you may have access through your use of the Web Site, the Services, and the Application. You indemnify Marineforecaster for any expenses, costs, damages, and losses it may sustain or incur, directly or indirectly, as a result of your breach of this clause
3.6. Marineforecaster is not responsible for the availability of other websites or resources to which links may be provided on the Web Site. Further, you agree and acknowledge that Marineforecaster neither endorses nor is responsible or liable for any content, advertising, products or other materials connected with such sites or resources. Marineforecaster shall have no liability for any damage or loss alleged or sustained in connection with the use of or reliance on any content, advertising, products or other material on or available through such sites and/or resources.
- Changes to the Web Site
4.1 Marineforecaster may (in its sole discretion) change, modify, suspend or discontinue any part(s) or all of the Web Site, Services, and Application at any time. Marineforecaster also reserves the right to charge new or additional fees for access to any materials appearing on the Web Site or as part of a Service by posting a notice on the Web Site. For the time being and up to this date (11/19/2017) all available services and information are provided for free!
- Protected Rights
5.1 The Web Site, Services and Application are protected under Intellectual Property laws of European Community and similar laws overseas. Intellectual Property rights in all Information published on the Web Site or made available through a Service or the Application, including, but not limited to, the textual material, artwork, photographs, graphics, computer software and audio and visual elements, are owned by Marineforecaster or its licensors, unless otherwise stated. You may only use the Information in the manner expressly permitted by this agreement. All other use, modification, alteration or enhancement is strictly prohibited.
5.2 You may download and print a single copy of Information appearing on the Web Site, Services or Application. You must retain all copyright and other proprietary notices as they appear in the original materials on any copy of the Information which you may have downloaded. Information may not be altered, publicly displayed, performed, distributed, exploited or resupplied (whether for consideration or otherwise), or used for any public or commercial purposes without the prior written consent of Marineforecaster. You must not modify the content of the information or present any modified content as official Marineforecaster material. You must not capture any information and retain it for later access.
5.3 Marineforecaster uses various sources for base data from which the Information is produced, including information provided by the World Weather Online company. In accessing and using the Web Site, the Services and the Information of the application you are accessing and using the Data which forms part of the base meteorological data from which the Information is produced, and you accept, and agree that such access and usage is subject to the terms and conditions of the License, as set out at https://www.worldweatheronline.com/terms-and-conditions.aspx You warrant to Marineforecaster that you will accept the terms and conditions set out in this License.
5.3.a Marineforecaster provides for free information from Live Data Weather Station resources like NOAA’s, Greek Observatory of Greece and Weather Underground’s live weather stations. Marineforecaster provides this information as produced by the relevant third party and does not undertake any inspection or examination whatsoever in regard to the accuracy of the Live Weather Data. You acknowledge and agree that Marineforecaster has no liability and takes no responsibility in regard to the Live Weather Data, including its accuracy, completeness, correctness, timeliness or fitness for any particular purpose. You agree that you must evaluate, and bear all risks associated with, the use of the Live Weather Data including any reliance on the accuracy, completeness, correctness, timeliness or usefulness of such Live Weather Data.
6.1 To the maximum extent permitted by law, Marineforecaster shall not be liable to you for any loss, injury, claim, liability damage or expense (whether direct, indirect or consequential) incurred by you or any third party through any act or omission of Marineforecaster, its employees or agents or through incomplete, unavailable or erroneous Information. To the full extent permissible under EU law, Marineforecaster disclaims all responsibility for damages or losses (including, without limitation, financial loss, damages for loss of revenue, loss of profits or savings, special, indirect or consequential losses), even if Marineforecaster has been advised of the possibility of such damage or loss, arising in contract, tort (including negligence) or otherwise from your use of, or inability to use, the content of the on the Web Site, the Services and or the Application, or any material appearing on the Web Site, the Services and or the Application, or from any action or decision taken as a result of using the Web Site, Services or Application or any such material.
6.2 Subject to clause 7.2, in cases where the law avoids or prohibits provisions which exclude liability, the liability of Marineforecaster shall, to the extent permitted by law, not exceed the charge paid by you (if any payment took place by the time of your registration) for the Information that is the subject of the claim.
- Consumer Guarantees Act
7.1 You acknowledge and agree that if the supply of any goods or services under this agreement is for “business purposes” (under the Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999), the provisions of that Act shall not apply to such goods or services.
7.2 Where the supply of the Services is not a supply for business then the provisions of this agreement which reduce, limit or are contrary to the guarantees and remedies contained in the Consumer Guarantees Act shall be deemed to be omitted from these terms for the purposes of that Act. In such situations, the warranties and guarantees set out in this agreement are in addition to your rights and remedies under the Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.
8.1 You agree to pay if need it any applicable charges for any use of the Web Site, Services or Application at Marineforecaster’s current rates as you will be notified, and in the manner notified, from time to time by Marineforecaster on the Web Site. You agree to supply from time to time such information as may be required by Marineforecaster to facilitate payment by you for the use of the Web Site, Services or Application (such as credit card information, billing address or other personal identification information about you). Up to date (11/19/2017) no payments or use of credit card is necessary. The application and the use of our website, Services and Application is free of any charge.
8.2 If need it, you must pay the relevant charges prior to accessing the relevant Service or Information.
9.1 In the event that you commit any breach of this agreement or that Marineforecaster believes on reasonable grounds that you have breached this agreement, Marineforecaster may terminate your access to the Web Site, Services or Application immediately without notice and without prejudice to Marineforecaster’s other rights and remedies under this agreement or at law.
9.2 Marineforecaster (in its sole discretion) may at any time terminate this agreement and permanently cease to provide the Services, or any part thereof, to some or all users, without giving prior notice to you. For clarity, the temporary and/or periodic interruption or unavailability of the Services is not the cessation of provision of the Services by Marineforecaster. You will not be entitled to any service credit, refund or other compensation for such interruption or unavailability.
9.3 You agree that termination of your access to the Service under any provision of this agreement may be effected without prior notice to you, and acknowledge and agree that Marineforecaster may immediately deactivate Your User Identification and account and bar any further access. Upon termination, you shall immediately cease to use the Service and shall not attempt to gain further access to the Web Site, Services or Application. Further, you agree that Marineforecaster shall not be liable to you or any other person for any termination of your access to the Services. You will not be entitled to any refund upon termination of this agreement, other than in specified circumstances as set out in the Site Policies.
10.1 When You use a Service or register to use a Service, Marineforecaster may obtain information about you. By submitting the information required for registration or using the Service you authorize Marineforecaster and its agents to collect that information about you and hold it. Marineforecaster may make use of this information for statistical analysis, to provide services to you, for marketing services, for research and development purposes and for any other use or purpose set out from time to time in the Site Policies. You may request access to and correction of any personal information Marineforecaster holds in relation to you. Such requests must be in writing and Marineforecaster may charge a fee for the reasonable costs incurred in responding to your requests, provided that Marineforecaster discloses those costs to you before they are incurred.
10.2 Marineforecaster’s use of your personal information is also subject to our Site Policies.
10.3 You consent to Marineforecaster sending promotional emails to you at the email address provided by you on registration. You may elect not to receive further such emails at any time by emailing us at firstname.lastname@example.org .
- Definitions and Interpretation
11.1 In this agreement, unless the context requires otherwise, the following expressions have the following meanings:
- You and Your: are references to a party that uses this Web Site and includes any party to which Marineforecaster issues User Identification for the purpose of accessing and using the Services and every person, authorized or unauthorized, who accesses or uses the Services by using that User Identification.
- Commercial User: means a User who has identified themselves as accessing and using the Web Site, Services or Application and/or the Information for commercial purposes during the Registration Process.
- Information: means the meteorological and other information, including the format of the information, published by the Marineforecaster on the Web Site.
- Intellectual Property means any patent, copyright, trademark, or design rights or any other intellectual property rights in any material.
- Site Policies: means all policies posted from time to time on the Web Site governing the use of the Web Site, Services or Application.
- Services: means the services made available to you by Marineforecaster via the Website or the Application published on Apple store or Google store.
- Registration Process: means the sign-up process undertaken by you to gain access to the Web Site, Services or Application, pursuant to which you provided certain information.
- User identification: means a unique username and password.
- Marine Forecast Data means all data available on the Web Site relating to the marine weather forecast.
- Web Site: means the Internet website established by Marineforecaster that displays the Information and which can be accessed through use of appropriate communications facilities at URL www.marineforecaster.com.
11.2 Headings are inserted for convenience and shall not affect the construction of this agreement.
11.3 The singular includes the plural and vice versa.
- Governing Law
12.1 This agreement shall be governed by and construed in accordance with the laws of EU. You irrevocably and unconditionally accept and agree that any dispute arising from or in relation to this agreement (including a dispute as to the existence or validity of this agreement) will be dealt with under the laws of EU and through the Greek courts.
13.1 If at any time any provision of these terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
- the legality, validity or enforceability in that jurisdiction of any other provisions of this agreement; or
- the legality, validity or enforceability of the law of any other jurisdiction of that or any other provisions of this agreement.
- Entire Agreement
14.1 The terms and conditions of this agreement supersedes any prior negotiation, understanding, agreement, representations or warranties previously communicated by Marineforecaster in respect of the Web Site, Services or Marineforecaster Application.