marinetraffic

MarineTraffic.com - Terms of Use

The website www.MarineTraffic.com (referred hereinafter as “MarineTraffic”, “Website”) has been designed and developed by Maltenoz Limited (referred hereinafter as "Provider"). The Website provides information about current geographical positions of ships as well as other related information, whenever available, such as ships’ details, their destination, estimated time of arrival, photographs, port traffic statistics, weather conditions, points of interest, etc.

Subscribed users of the Website are able to use certain extra Services, such as to upload photos on the Website or to be notified via mobile phone and/or e-mail about the estimated arrival time of a particular ship at the port.

MarineTraffic has been developed within the scope of the Provider’s research activities and is offered with the present Terms of Use, which you are asked to read carefully and use Website Services only if you completely agree and consent to the Terms.

MarineTraffic may modify these terms at any time. The modified Terms shall be effective upon posting. Any use after modification, login to the Site included, constitutes acceptance of the new modified Terms and that you are legally bound by them.

1. Use of Services - Registration

Website’s information and Services are provided for personal, noncommercial use only. In order to use services that require interaction with the user (picture upload, participation in discussions, e-mail/sms alerts etc.) a subscription is needed.

During registration you will be asked to provide your name, surname and e-mail address. In order to use SMS-alert Service, you also have to provide a valid mobile phone number, to which the notifications will be sent.

For the purposes of this contract, persons who subscribe to the Website and use the Services are considered as adults and able to act legally. Your registration is a valid declaration of intent.

2. User Account

Upon finishing the registration process you will receive a confirmation e-mail with your chosen data at the e-mail address you provided.

Each user is personally and solely responsible for all actions and transactions made through his account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session.

In case you notice any unauthorized use of your account or any other (real or potential) breach of security, you have to immediately notify the Website’s administrators. MarineTraffic.com is under no circumstances liable for any loss or damages arising from your failure to comply with this term. MarineTraffic.com maintains the right to delete an account, if violation of any of these Terms is proved.

If you wish to deactivate your account please contact us at info@marinetraffic.com

3. Personal Data

MarineTraffic.com keeps a File of Personal Data of its registered users, according to Law. Data stored at the Website’s Database is exclusively the data that you provide upon registration. The purpose of this data collection is their storage on a server, for your identification by the server and your access to the pages and services of MarineTraffic.com. Your Personal Data are not transmitted to third parties. By accepting these Terms of Use you also allow MarineTraffic to process your Personal Data.

You have the right to delete, reform, modify and update your Data. You can at any time deactivate your account by contacting us at info@marinetraffic.com. You may contact us at the above address for any other information or objection you may have on data processing.

Your e-mail address will not be used to send unsolicited commercial messages (spam). Newsletters or other informative mail may be sent from MarineTraffic unless you explicitly oppose to this via e-mail at info@marinetraffic.com .

4. Trademarks and Intellectual Property Rights

MarineTraffic, as a work of Intellectual Property is protected by European Law for Intellectual Property, as modified and in force today and by the international treaties and conventions.

The Provider and his partners maintain the exclusive Intellectual Property Rights upon design, source code and the whole content of the Website (including pictures, graphics, photos, designs, texts, articles, scientific presentations and the services provided by the Website), except where explicitly stated otherwise (e.g. photographs uploaded by third parties). Violation by any means of these rights will draw the subsequent penalties and liability defined by the applicable law. Indicatively, and non-exclusively, copying, modifying, publishing, distributing by any means of the Website’s content without prior written permit of the Provider is prohibited. Furthermore copying, modifying, decompiling or by any means unauthorized use of the Website’s software is prohibited.

"MarineTraffic" trademark and all trademarks appearing on the Website are property of the Provider and/or third parties, companies / respective owners and are protected by trademark laws, as well as by international treaties and conventions. Use of these trademarks is by all means prohibited.

5. Photographs

You may upload your photographs on MarineTraffic. These pictures are presented freely to the public, as additional informational content of the Website. During upload you will be expressly asked to mention the copyright holder of each picture, if available, or the source of the photograph. In most cases you should only post your own photos. Do not post photos or images from any other source unless you have an explicit permission by the copyright holder. Website’s administrators will not be liable for the uploading of pictures without the permission of their creator. In the event that copyright holders require the images to be deleted from MarineTraffic system, such requests must be made in writing to MarineTraffic, by email message to info@marinetraffic.com. Upon receipt of such advice, the administrators of MarineTraffic will delete the images as soon as possible. It is strictly forbidden to copy any material from this site and use it elsewhere, unless the copyright holder gives its explicit permission.

MarineTraffic reserves the right to provide access to photos to third parties through the website, to be incorporated on their services. The third party does not acquire any right to the photographs and can only display them on-the-fly by using a web link of a photo stored on MarineTraffic.com. The name of the Photographer will remain visible at all times.

6. Ship Data Collection and Transmission

Ιnstallation of a radio receiver and all relevant equipment, data collection and transmission to the server of MarineTraffic Services is offered by users voluntarily and without compensation. Users are free to participate in the network of receiving stations by installing an AIS receiver, collecting data and sending it to MarineTraffic. Users are free to stop sending this data whenever they wish.

The transmission of data to MarineTraffic must be done in real-time. The data must be sent to the server exactly as it is received by the AIS receiver at the predefined public radiofrequencies of the AIS system, without any intervention or modification. It is strictly forbidden to send any delayed or modified or manipulated or fabricated data, as this would give an erroneous and misleading picture about the current positions of ships.

Users who provide this information recognize and accept Marine Traffic’s right to process and use the data in any appropriate way, apart from presenting them on the Website, including but not limited to storage, statistical or other analysis, data exchange with other sources etc.

In some cases we may provide you with the necessary equipment, so that you install a radio receiver and send data to MarineTraffic (see Get an AIS receiver for free). In that case you will be asked to sign an agreement with certain additional conditions.

7. Forum and Discussion Groups

In the Discussion Forum members are free to exchange their views and opinions. Website’s administrators are not legally obliged to review all comments, nor is it possible to maintain a constant and full control on them.

The use of "Discussions" section is prohibited for the following, indicatively and non-exclusively mentioned purposes:

MarineTraffic.com may under no circumstances be considered to accept or agree in any way with the users’ personal views, which are expressed in the Discussion Forum. The author of each message is exclusively responsible for its content.

You accept and agree that discussions and any other communications in MarineTraffic Forum are public, not private.

8. Users Obligations

Provided that you comply with the present Terms, MarineTraffic grants you an exclusive, non-transferable right to access the Website and its services for the purposes mentioned in the Terms. Other uses of MarineTraffic that oppose to the present Terms of Use are strictly forbidden.

In the event of breach of any of these Terms, MarineTraffic administrators maintain the right, according to their judgment, either to remove the illegal or offensive content or to immediately delete the account of the user who misuses the Services or to restrict the user’s access to some of the Website’s services.

9. Electronic Payments

Electronic payments for the chargeable Services of MarineTraffic are made via PayPal. By paying the respective amount you buy the specific number of SMS messages that you want to be sent on your mobile phone, with the information you asked for. For more information about the PayPal payment system, its security policy etc. you may visit the PayPal website (www.paypal.com). The price of the SMS-alert Service may be refunded, if the following cumulative conditions are met: a) within fourteen days of the payment and b) if the service has not yet been provided.

10. Advertisement

Any user who is interested to be advertised on MarineTraffic.com should send a request to info@marinetraffic.com in order to receive all necessary information to that.

MarineTraffic.com is not responsible for communication between user and third service providers being advertised on the Website nor for any commercial transaction that may arise from this communication.

11. Cookies

MarineTraffic may use cookies to recognize you in certain services. Cookies are parcels of text sent by a server to a web client (usually a browser) and then sent back unchanged by the client each time it accesses that server and are saved at your computer's hard disc. Cookies do not harm or damage your system in any way. Furthermore they make your navigation easier as they save your settings. You can set your browser in a way that you are notified when the use of cookies is necessary and either accept or decline the use of cookies from MarineTraffic.com. If you do not accept the use of cookies you will not be able to access those services.

12. Limitation of Liability

MarineTraffic does not guarantee the correctness, validity or scientific accuracy of the information contained on the Website, provided in any possible form, such as images, video, text, graphics etc. The information provided should under no circumstances be regarded as advise, suggestion or incitement for a certain act. Any actions undertaken by users based on the information provided on the Website do not create any liability of the Provider.

The provided information on vessels position and identity, in particular, originate directly from the vessels, which transmit this information through public radiofrequencies, according to the ‘Automatic Identification System’ (AIS). The information collected and published may contain errors, due to the intrinsic limitations of radio communications (e.g. limited coverage, interference, attenuation, special weather conditions etc.), due to erroneous configuration of the AIS devices on board, due to negligent data entry by vessel’s crew, due to erroneous position received by the vessel’s GPS and due to other factors beyond the control of the Provider. Furthermore, vessel positions may be up to one hour old or incomplete. Data is provided for informational reasons only and is not related by any means to the safety of navigation.

Consequently, the Provider, the administrators of MarineTraffic Services and their partners cannot provide any type of guarantee neither are responsible for the correctness, validity, thoroughness and accuracy of that information published, nor for the suitability of their usage for purposes other than informational only.

Due to the nature and to the extent of information provided through the Internet, under any circumstances, negligence included, the Provider will not be held liable for any kind of damages you may suffer from the use or visit of the Website, services, choices and content of MarineTraffic. You visit the above content and services at your own initiative and risk.

13. Lack of Guarantee

The contents, services and software of MarineTraffic.com are provided on an “as is” and “as available” basis with no explicit, or presumed in any way, guarantees concerning the Website’s marketability, non infringement or suitability for a particular purpose.

MarineTraffic offers no guarantee that the pages, services, functions, choices and content of the Website will be provided without interruption or without errors or that mistakes will me corrected. MarineTraffic does not guarantee that the Website or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.

In no case will the Provider, the persons associated to him or the administrators of MarineTraffic Services be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages or loss of profit or revenue caused by the use of the Website.

14. Links

MarineTraffic may include links that lead to other websites, which are controlled by third parties. Under no circumstances will MarineTraffic.com be liable for their content, or for any financial or other type of loss or damage the user that follows those links sustains. In no case does MarineTraffic.com guarantee that these links will be temporarily or constantly active. Furthermore, the external links cited are indicative and not exclusive or restrictive. MarineTraffic.com reserves the right to remove or add links without any warning to any party and to change the contents of the Website at any time.

Your using of MarineTraffic.com signifies your understanding and acceptance of the fact that the Provider is in no case responsible for the content of the hyperlinks cited in the Website, for the products/services being offered there and for the advertisements they contain.

15. Applicable Law - Miscellaneous

The present Terms of Use, as well as any modification or alteration on them are subject to the European Law and to the international treaties and conventions. All the above-mentioned terms are considered as essential. Should any of the terms become against the law, it becomes inactive and is removed from the present text without affecting in any way the validity of the other terms.

If you disagree with the present Terms of Use you should not use the Website’s Services.

© 2013, MarineTraffic.com