Terms of Use
By accessing or using any features of the site located at www.i-captain.com (the “i-Captain Site”), you agree to be bound by these terms of use (collectively, “Terms of Use”). All visitors to and users of any aspects of the i-Captain Site (collectively, “Users”) are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these Terms of Use carefully each time you use this Web site.
These Terms of Use set out the legally binding terms with respect to your use of the i-Captain Site. Please read these Terms of Use carefully. Your access to and use of the i-Captain Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the i-Captain Site.
Eligibility
The i-Captain Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the i-Captain Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the i-Captain Site. In the event we become aware you are under 18, we will terminate your registration.
Registration
You are required to register to access features of the i-Captain Site. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
Security
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the i-Captain Site shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Changes to the i-Captain Site
You agree and understand that the i-Captain Site, including any and all features available via the i-Captain Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the i-Captain Site implemented after your initial access to the i-Captain Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any information, content, data, text, links to third party websites, User profile information, boat and equipment data and information, photographs, graphics, or other materials made available via the i-Captain Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators’ use of the i-Captain Site.
Use of the Site/Services
You may use the i-Captain Site solely for your personal use. For example, you may use the i-Captain Site to keep the data of your boat and equipment updated and accessible from multiple devices, plan and monitor your maintenance activities, generate and download reports for statistical purposes. You acknowledge and agree that we do not control the User Content inserted to the i-Captain Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. All User Content comprises the views and responsibility of those who upload such User Content, and does not necessarily represent the our views. You understand that, by using the i-Captain site, you may be exposed to User Content that is offensive, indecent or objectionable.
Limitation of liability
In no event will we be liable, directly or indirectly, to anyone for any damage or loss of any nature whatsoever arising from or relating to any use, continued use or reliance on any user content, any error or omission in any user content, any claim that any user content is defamatory, libelous or violates any right of any third party, or the defamatory, offensive or illegal conduct of any user or third party. You expressly agree that you bear any and all risks associated with your access to, use of and/or reliance on user content.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the i-Captain Site, except and to the extent expressly permitted under these Terms of Use;
- remove any copyright, trademark or other proprietary rights notice contained in or on the i-Captain Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose;
- reformat or frame any portion of any Web pages that are part of the i-Captain Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the i-Captain Site;
- submit to the i-Captain Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to the i-Captain Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the i-Captain Site, any other Web site, or any computer or other device or system, or the enjoyment of the i-Captain Site by any User;
- use the i-Captain Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the i-Captain Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the i-Captain Site to transfer or store illegal material, including any material deemed threatening or obscene;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the i-Captain Site or the IT infrastructure used to operate and make the i-Captain Site available;
- use the i-Captain Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law;
- collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
User Content insert/upload By You on the i-Captain Site
Without limiting the generality of any other provisions of these Terms of Use, you agree:
- You may not insert, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
- You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Use, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- You are solely responsible for any User Content you insert, download or display on the i-Captain Site. We reserve the right, but undertake no obligation, to monitor disputes between you and any other entity or individual, in connection with the i-Captain. You are solely responsible for the resolution of any disputes that arise between you and any other entity or individual.
- By uploading User Content to the i-Captain Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) us , and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license and right to use, copy, digitally perform, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you insert to the i-Captain Site.
The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through i-Captain Site. You may not post any content that:
· is patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
· harasses or advocates harassment of another person;
· promotes illegal activities or conduct that is abusive;
· is threatening, obscene, defamatory or libelous;
· is pornographic or sexually explicit in nature;
· seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Copyrights
If you believe any aspect of the i-Captain Site infringes your copyright, you should send written notice of copyright infringement to us by providing the following information.
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the i-Captain Site;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
At the following address:
Corso Italia 8,
20821 | Meda | Italy
T: +39 0362 1582033
Or by email: copyright@i-captain.com
Privacy
Use of the i-Captain Site is also governed by our Privacy Policy, which we encourage you to review.
Ownership
As between you and us, the i-Captain Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the i-Captain Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content insert by you is owned by you. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors. Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the i-Captain Site are the proprietary property of i-Captain Site or its licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on i-Captain Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the i-Captain Site without the express written permission of the trademark owner. Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
Disclaimer
You expressly agree that your use of the i-Captain Site, information, services, and other materials contained in or described on the i-Captain Site, is entirely at your own risk, and that all such information and materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, we make no, and hereby disclaim all, representations or warranties of any kind, express or implied, as to the availability, operation and/or use of the i-Captain Site, including but not limited to any user content provided via the i-Captain Site, and all other content, services, and other information and materials contained in or described on the i-Captain Site, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, we do not represent or warrant that the information and content accessible via the i-Captain Site is accurate, complete or current, and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of, inability to use, or reliance on any aspect of the i-Captain Site, including but not limited to all content, services, and other information and materials contained in or described on the i-Captain Site. Further, we make no representations and warranties that the i-Captain Site or the user content will be uninterrupted, secure, or free of errors, viruses, or other harmful components. No advice or information, whether oral or written, obtained by any user from us or the i-Captain Site shall create any warranty not expressly stated herein.
Third Party Advertisements and Links to Third Party Sites
We may display on the i-Captain Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the i-Captain Site, any products, services or other materials relating to any such advertisement, any linked third-party site, or any link contained in a linked site.
Contact and Violations
Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to privacy@i-captain.com