This page described the terms and conditions
that govern your use of OffshoreAlert, including
OffshoreAlert.com and mobile applications, offered by KYC News, Inc. ("OffshoreAlert", “us” or “we”).
- General rules and definitions
- OffshoreAlert.com Content
- User Generated Content including Comments, Posts, Reviews and more
- Access and Availability of Services and Links
- Representations and Warranties
- Registration and Security
- Fees and Payments
- Communications Between OffshoreAlert.com and Members
- Software Licenses
- Termination
- Miscellaneous
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use OffshoreAlert.com (the
“Site”), OffshoreAlert's mobile sites and applications, any of the features of this site,
including but not limited to RSS, API, software and other downloads
(collectively, the "OffshoreAlert Services"), you will be agreeing to abide by
all of the terms and conditions of these Terms of Service between you and OffshoreAlert ("OA", “us” or “we”).
1.2 We may change, add or remove portions of
these Terms of Service at any time, which shall become effective immediately
upon posting. It is your responsibility to review these Terms of Service prior
to each use of the Site and by continuing to use this Site, you agree to any
changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE
CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING
E-MAIL TO: cancel@offshorealert.com
(SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE
SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE
OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR
MODIFICATIONS.
1.4 We may change, suspend or discontinue any
aspect of the Services at any time, including the availability of any Services
feature, database, or content. We may also impose limits on certain features
and services or restrict your access to parts or all of the Services without
notice or liability.
2. CONTENT ON THE SERVICES
2.1 The contents of the Services, including
the Site, are intended for your personal, noncommercial use. All materials
published on the Services (including, but not limited to news articles,
photographs, images, illustrations, audio clips and video clips, also known as
the "Content") are protected by copyright, and owned or controlled by
KYC News, Inc. or the party credited as the provider of the Content.
You shall abide by all additional copyright notices, information, or
restrictions contained in any Content accessed through the Service.
2.2 The Services and Contents are protected by
copyright pursuant to U.S. and international copyright laws. You may not
modify, publish, transmit, participate in the transfer or sale of, reproduce
(except as provided in Section 2.3 of these Terms of Service), create new works
from, distribute, perform, display, or in any way exploit, any of the Content
or the Services (including software) in whole or in part. Please refer to our Copyright Policy for further information.
2.3 You may download or copy the Content and
other downloadable items displayed on the Services for personal use only,
provided that you maintain all copyright and other notices contained therein.
Copying or storing of any Content for other than personal use is expressly
prohibited without prior written permission from OffshoreAlert, or the
copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Services is owned or
licensed to OffshoreAlert.
2.5 USAGE RIGHTS
2.5.1 Users may make use of the Content as is consistent with fair use under copyright law. Additionally, the user, subject to the Prohibited Uses clause below, may:
2.5.2 View our content for your personal use on any device that is compatible with OffshoreAlert.com (this might be your PC, laptop, smartphone, tablet or other mobile device) and store our content on that device for your personal use;
2.5.3 Print off a discrete copy of the Content on an occasional basis;
2.5.4 Share links to articles by using any sharing tools we make available.
2.5.5 Submit articles and excerpts from the Content when required by law for use in legal proceedings provided each article or excerpt from the Licensed Materials contains a credit line noting the original appearance of the article as attributable to Publisher; provided the use is otherwise without modification to the original material; and provided such use does not present any material from the Content in any manner that implies that Publisher endorses User or any of the User's products or services;
2.5.6 Search, view, retrieve and display the Content;
2.5.7 Occasionally electronically save individual articles or items of the Content for personal use;
2.6 PROHIBITED USES
User may not, except as otherwise permitted by written permission of Publisher or by separate agreement signed by both Parties:
2.6.1 Distribute any part of the Content on any electronic network, including without limitation by email, the Internet and the World Wide Web because there is no secure wrapper ensuring that the end user receiving the email is an authorized user. We do encourage users to forward links to individual articles or documents. If the end users receiving the link are authorized, they will either be automatically recognized by our system by IP or they will be prompted to log in via username and password. By not allowing the sharing of licensed materials via electronic transfer, the Publisher is protecting the content against potential abuse and unauthorized use.
2.6.2 Remove, cover, obscure, or alter the authors' names or the Publisher's copyright notices, trademarks, logos, or other means of identification or disclaimers as they appear in the Content;
2.6.3 Systematically or regularly make print or electronic copies of multiple extracts of the Content or the Content in full for any purpose, except as provided in the Usage Rights section above;
2.6.4 Download the Content for the purpose of creating systematic and persistent local copies for redistribution internally or otherwise. This includes creating a database in electronic or hardcopy form by systematically and/or regularly downloading, caching, printing and storing all or any OA content.
2.6.5 Use Content or portions of the Content for any Commercial Use ( e.g., printing to resell or redistribute to nonpaying or non-authorized users);
2.6.6 Use any automated computer program or activity to access, search, index, test, and/or systematically or substantially download or grab any portion of the Content (including but not limited to robots, spiders, crawlers, or intelligent agents).
For more information, please read our Copyright Policy.
3. USER GENERATED CONTENT: SUBMISSIONS
INCLUDING COMMENTS, POSTS, REVIEWS AND MORE
3.1 You shall not upload to, or distribute or
otherwise publish on to the Services any libelous, defamatory, obscene,
pornographic, abusive, or otherwise illegal material.
Be courteous. You agree that you will not
threaten or verbally abuse other Members, use defamatory language, or
deliberately disrupt discussions with repetitive messages, meaningless messages
or "spam."
Use respectful language. Like any community,
the online conversation flourishes only when our Members feel welcome and safe.
You agree not to use language that abuses or discriminates on the basis of
race, religion, nationality, gender, sexual preference, age, region,
disability, etc. Hate speech of any kind is grounds for immediate and permanent
suspension of access to all or part of the Services.
In a community full
of opinions and preferences, people always disagree. OffshoreAlert encourages active
discussions and welcomes heated debate on the Services, but personal attacks
are a direct violation of these Terms of Service and are grounds for immediate
and permanent suspension of access to all or part of the Service.
3.2 The Services shall be used only in a
noncommercial manner. You shall not, without the express approval of OffshoreAlert,
distribute or otherwise publish any material containing any solicitation of
funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you
make to the Services (i.e., user-generated content including but not limited
to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each,
a "Submission") may be edited, removed, modified, published,
transmitted, and displayed by OffshoreAlert and you waive any
rights you may have in having the material altered or changed in a manner not
agreeable to you. Submissions made to the Services may also be included in our RSS feeds, APIs and made available for
republishing through other formats.
3.4 You grant OA a perpetual, nonexclusive,
world-wide, royalty free, sub-licensable license to the Submissions, which
includes without limitation the right for OA or any third party it designates,
to use, copy, transmit, excerpt, publish, distribute, publicly display,
publicly perform, create derivative works of, host, index, cache, tag, encode,
modify and adapt (including without limitation the right to adapt to streaming,
downloading, broadcast, mobile, digital, thumbnail, scanning or other
technologies) in any form or media now known or hereinafter developed, any Submission
posted by you on or to the Services or any other Web site owned by OA,
including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content
of your Submissions. However, while OA does not and cannot review every
Submission and is not responsible for the content of these messages, OA reserves the right to delete, move, or edit Submissions that it, in its sole
discretion, deems abusive, defamatory, obscene, in violation of copyright or
trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting
to its display and publication on the Site and in the Services and for related
online and offline promotional uses.
3.7 Any person involved in or affiliated with
the production of a work reviewed on OffshoreAlert.com or elsewhere in the Services
may not submit a Readers' Review for that work or competing works.
4. ACCESS AND AVAILABILITY OF SERVICES AND
LINKS
4.1 The Services contain links to other
related World Wide Web Internet sites, resources, and advertisers. Since we are
not responsible for the availability of these outside resources, or their
contents, you should direct any concerns regarding any external link to the
site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a)
that no materials of any kind submitted through your account will (i) violate,
plagiarize, or infringe upon the rights of any third party, including
copyright, trademark, privacy or other personal or proprietary rights; or (ii)
contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless OA and all
officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties")
from and against any and all liability and costs, including, without limitation,
reasonable attorneys' fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you or any user of your account of
these Terms of Service or the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required in the defense
of any such claim. OA reserves the right, at its own expense, to assume the
exclusive defense and control of any matter subject to indemnification by you.
5.2 OA does not represent or endorse the
accuracy or reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the Services by any user,
information provider or any other person or entity. You acknowledge that any
reliance upon any such opinion, advice, statement, memorandum, or information
shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE
DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
6.1 As part of the registration or account
creation process, you will create login credentials by selecting a password and
providing an e-mail address. Certain users may have registered with a Username. You also have to give us certain registration information, all of which
must be accurate and updated. (a) You may not (i) select or use the login
credentials of another person with the intent to impersonate that person; (ii)
use login credentials in which another person has rights; or (iii) use login credentials that we, in our sole discretion,
deem offensive. Failure to comply with the foregoing shall constitute a breach
of these Terms of Service, which may result in immediate termination of your
account. (b) You shall be responsible for maintaining the confidentiality of
your password, which you will not have to reveal to any representative or agent
of OA.
6.2 (a) You shall notify help@offshorealert.com
of any known or suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your password or credit card information.
6.3 You must be 18 years or older to subscribe
to all parts of the Services.
6.4 You are responsible for all usage or
activity on your OffshoreAlert.com account, including use of the account by any third
party authorized by you to use your login credentials. Any fraudulent, abusive,
or otherwise illegal activity may be grounds for termination of your account,
at our sole discretion, and we may refer you to appropriate law enforcement
agencies.
7. FEES AND PAYMENTS
7.1. We reserve the right at any time to
charge fees for access to portions of the Services or the Services as a whole.
However, in no event will you be charged for access to the Services unless we obtain
your prior agreement to pay such charges. Thus, if at any time we require a fee
for portions of the Services that are now free, we will give you advance notice
of such fees. You may cancel your account at any time. All new fees, if any,
will be posted prominently on the Site and in other appropriate locations on
the Service. You shall pay all fees and charges incurred through your account
at the rates in effect for the billing period in which such fees and charges
are incurred, including, but not limited to charges for any digital products or
services offered for sale through the Services by us or by any other vendor or
service provider. All fees and charges shall be billed to and paid for by you.
You shall pay all applicable taxes relating to use of the Services through your
account.
8. COMMUNICATIONS BETWEEN OA AND USERS
8.1 If you indicate on your registration form
that you want to receive such information, we, our owners and assigns, will provide you with information about
products and services.
8.2 OffshoreAlert reserves the right to send electronic
mail to you for the purpose of informing you of changes or additions to the
Service.
8.3 OffshoreAlert reserves the right to disclose
information about your usage and demographics, provided that it will not reveal
your personal identity in connection with the disclosure of such information.
Advertisers and/or Licensees on our Web site may collect and share personal
information about you only if you indicate your acceptance. For more
information please read our Privacy Policy.
8.4 OA may contact you via e-mail regarding
your participation in user surveys, asking for feedback on current Services or
prospective products and services. This information will be used to improve the
Services and better understand our users, and any information we obtain in such
surveys will not be shared with third parties, except in aggregate form.
9. SOFTWARE LICENSES
9.1 You shall have no rights to the
proprietary software and related documentation, or any enhancements or
modifications thereto, provided to you in order to access the Services
("Software"). You may not sublicense, assign or transfer any licenses
granted by OffshoreAlert.com, and any attempt at such sublicense, assignment or
transfer shall be null and void. You may make one copy of such software for
archival purposes only. You may not otherwise copy, distribute, modify, reverse
engineer, or create derivative works from Software.
10. TERMINATION
10.1 You may terminate your account at any
time by sending e-mail to: cancel@offshorealert.com. Termination of paid digital products
will be governed by our Cancellation and Refund Policy for Digital Products.
10.2 OffshoreAlert may, in its sole discretion,
terminate or suspend your access to all or part of the Services for any reason,
including, without limitation, breach or assignment of these Terms of Service.
11. MISCELLANEOUS
11.1 These Terms of Service have been made in
and shall be construed and enforced in accordance with Florida law. Any action
to enforce these Terms of Service shall be brought in the federal or state
courts located in Miami-Dade County.
11.2 Notwithstanding any of the foregoing,
nothing in these Terms of Service will serve to preempt the promises made in The OffshoreAlert Privacy Policy.
11.3 Correspondence should be sent to help@offshorealert.com.
11.4 You agree to report any copyright
violations of the Terms of Service to OffshoreAlert as soon as you become
aware of them. In the event you have a claim of copyright infringement with
respect to material that is contained in the OffshoreAlert.com, please notify copyrights@offshorealert.com.
(Please direct all general questions to help@offshorealert.com.)
