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 "Services"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and OffshoreAlert ("OA", “us” or “we”).
1.2 We may change, add or remove portions of these Terms of Use ("Terms") at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms 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), 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);
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 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 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 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, 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. GENERAL TERMS OF SALE
7.1. Definitions
The term "digital product" refers to paid digital products available from OffshoreAlert, including OffshoreAlert digital subscriptions.
7.2. About Digital Products
You are not required to purchase anything in order to use OffshoreAlert.com. If you do not purchase a subscription or product, your access to OffshoreAlert content and services will be limited.You can review OffshoreAlert’s digital subscription at
www.offshorealert.com/subscribe.
OffshoreAlert reserves the right to modify the content, type, and availability of any digital product at any time.Only one person may use each account or accounts (user name and password) associated with a purchased product unless we agree otherwise.For details about your purchases, including payment methods and billing cycles, visit your
Account Dashboard.
7.3 Fees and Payments
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.
7.4 Payment Processing
OffshoreAlert will process your digital subscription or purchase as promptly as possible. Your payment details must be verified before your subscription or product can be activated.
We accept major credit cards and PayPal for monthly, quarterly and annual billing frequencies. We accept wire transfers and checks drawn on a U.S.-based bank for the annual billing frequency only. We reserve the right to reject any order or purchase at any time.
If your initial payment authorization is later revoked, your subscription, product or access will be terminated.
Contact our Customer Care group if you believe your access was terminated in error.
Unless specified otherwise in the Cancellation and Refund Policy, all charges are nonrefundable.
7.5 Pricing
When you purchase a digital product, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.
Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.
All prices are in United States Dollars.
OffshoreAlert reserves the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward.
Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.
If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
Additional Costs If your product includes access to areas that contain other products, you may have to pay additional fees to fully access those products. These additional charges will be clearly stated.
When you use your digital product, you may incur other additional charges, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
If you believe someone else has used your account or you are being charged for a product you do not have, please contact
Customer Care.
7.6 Billing
7.6.1. Digital Subscriptions
We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order.
Automatic Renewals
All OffshoreAlert digital subscriptions are renewed automatically with the exception of subscriptions paid by wire transfer or by check. When we renew your subscription, we will use the payment method currently associated with your account.
You will not be notified in advance of impending renewals. Please see our Cancellation and Refund policy below for information about canceling.
7.6.2. Non-Subscription Purchases
When you purchase a standalone product (not a subscription) we will charge or debit your payment method at the moment of purchase.
7.7. Unpaid Charges
If your credit card expires or your payment method is otherwise invalid, your subscription or product will automatically be terminated. If it is not automatically terminated, you will remain responsible for all charges.You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees, and any other associated costs.
7.8. Promotions
We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for the related subscription or purchase that will begin at the end of the promotional period. We will not notify you in advance that the promotion is about to end. To cancel and avoid being charged, you must notify us before the promotion ends.
7.9. Third Parties
If you have purchased your product through a third party, these Terms may not apply to you. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly.
8. CANCELLATION AND REFUND POLICY
You can cancel or suspend your digital product at any time by visiting
Account > View Subscription.When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.
Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Changes to Content or Access
We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
Cancellations by Us
We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances.
If any or all of our products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
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.
11. MISCELLANEOUS
11.1 These Terms have been made in and shall be construed and enforced in accordance with Florida law. Any action to enforce these Terms 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 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 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 OffshoreAlert.com, please notify
copyrights@offshorealert.com. (Please direct all general questions to
help@offshorealert.com.)