THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE NAVIONICS COMPANIES OFFER YOU ACCESS TO OUR SITE.
Your Use of Our Content
The content contained on the Site, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States, Italy and other countries, and is owned or controlled by us or by third parties that have licensed their Content to us. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you may not (a) remove or alter copyright or other proprietary notices contained in the original Content, (b) sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without our prior written permission, or (c) use the Content in a manner that suggests an association with any of our products, services or brands.
In the event that we offer downloads of software on the Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) will be licensed to you pursuant to an End-User License Agreement (“EULA”) by which you must agree to be bound.
Content (CL) You Submit
“Community Layers” or “CL” means any content in any form submitted by a user of our Site or of our products for inclusion in any of our products or features. CL may be more than one and include in separate layers and without limitation: points of interest (POI) and other cartographic object additions (such as bathymetric information), error fixing or discrepancy reports, whether on the Site or elsewhere, to be viewed by other users. CL may be submitted only to correct or improve Navionics’ charts and may not include any personal data unless specifically and formally authorized by you.
You acknowledge that CL will be accessible to other users and you have no expectation of privacy with regard to your CL. We cannot guarantee the security of any information you disclose through any CL; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding service providers, us or any other third party. You may be held legally responsible for damages suffered by other users, us or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post as CL. We are not legally responsible for any CL, even if a CL is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the CL you post and for the consequences of such posting. We have no duty to monitor CL. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from CL.
By submitting CL, you automatically grant, or warrant that the owner of such material has expressly granted, to us a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, display, perform, modify, adapt, publish, translate and distribute and promote such CL (in whole or in part), and to incorporate it in other works, in any form, media or technology now known or later developed, and for any purpose and you explicitly waive any right to compensation for such use. You also permit any other user to access, view, store or reproduce such CL for personal use. We have no obligation to post any CL from you or anyone else. We may, in our sole and unfettered discretion, decline to post, edit, remove or delete any CL.
You may not sell, market or permit any other party to sell or market, CL.
You acknowledge and agree that, when you submit CL through a mobile device, we may collect the GPS position of the device for the sole purpose of ensuring the accuracy of the CL and not for your identification or localization.
You are solely responsible for any CL that you submit. CL may not (in our sole judgment):
(a) be defamatory, abusive, harassing, or threatening to another person;
(b) disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
(c) be violent, vulgar, obscene, pornographic or otherwise sexually explicit, or foreseeably harmful to any person or entity;
(d) constitute, encourage or discuss with the intent to commit any illegal activity (including without limitation child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing or illegal drug use, harassment, theft);
(e) violate any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual right; (ii) right of privacy or publicity (specifically, CL must not contain another person’s personal information or image without such person’s express permission); or (iii) any confidentiality obligation;
(f) be commercial in nature (whether or not for profit) or solicits others (including solicitations for contributions or donations);
(g) contain a virus or other harmful component, or otherwise tamper with, impair or damage our Site, applications or products, or any connected network, or otherwise interfere with their use or enjoyment by any other person;
(h) (i) be irrelevant to the general topic or purpose of the product or platform for which it is submitted; (ii) violate any specific restrictions applicable to the specific platform or forum, such as age restrictions or procedures; or (iii) be antisocial, disruptive, or destructive (including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet); or
(i) be false or misleading.
(j) contain any of your personal contact information (although you may be required to provide such information to us as part of your registration to upload CL).
Content (CL) Submitted by Others
Currently, no CL is available through the Site. Your use of CL through our products, applications or other platforms will be governed by the applicable EULA
We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any special terms related to a particular service.
We respect the intellectual property rights of others and expect the users of our products and services to do the same. It is our policy to remove content (CL) that is infringing from our products. In our discretion we may also terminate the account of any user who repeatedly submits infringing CL.
Procedure for Making Copyright Infringement Claims:
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under U.S. law and has been incorporated into any of our products or sites through CL, you may notify our copyright agent (see below) pursuant to the U.S. Digital Millennium Copyright Act of 1998 (DMCA). To be valid under the DMCA, your notice must be in writing and contain the following:
● A manual or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
● Identification of the copyrighted work claimed to have been infringed.
● Identification of the material that is alleged to be infringing and information reasonably sufficient to enable us to locate the material.
● The contact information of the complaining party (including address, telephone number, e-mail address).
● A statement that the complaining party believes in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
● A statement that (a) the provided information in the notice is accurate and (b) under penalty of perjury, the person filing the notice is the copyright owner or is authorized to act on the owner’s behalf.
Our designated copyright agent:
6 Thatcher Lane
Wareham, MA 02571
Tel: +1 508 291 6000
fax: +1 508 291 6006
Please note that the information provided in your notice may be forwarded to the person who provided the allegedly infringing content.
THIS PROCESS IS FOR U.S. COPYRIGHT MATTERS ONLY. Correspondence to the Copyright Agent regarding other matters will not be answered. For other correspondence, please go to the “Contact Us” page.
Please note that, due to security concerns, e-mail with attachments cannot be accepted and will not be processed.
Under DMCA Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
If You Reside in the Americas (including Caribbean countries and any territories or possessions of countries in the Americas):
If you reside in the Americas or are accessing the Site from the Americas, your use of the Site and these Terms will be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to the conflict-of-laws principles thereof. By using our Site, you agree that the exclusive forum for any claims or causes of action arising out of or relating to your use of the Site or these Terms shall be the federal court sitting in Boston, or the state courts sitting in Plymouth County, Massachusetts, USA. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If You Do Not Reside in the Americas:
If you do not reside in the Americas and are accessing the Site from outside the Americas, your use of the Site and these Terms will be governed by the laws of Italy, without regard to the conflict-of-laws principles thereof. By using our Site, you agree that the exclusive forum for any claims or causes of action arising out of or relating to your use of the Site or these Terms shall be the Court of Milan, Italy.
Copyright © 2012 Navionics Inc. or its affiliates