This Terms of Services Agreement (the "Agreement") describes the terms and conditions applicable to your use of the web site which are identified by the uniform resource locator www.eshippingbroker.com ("MarineCircle"). This Agreement is entered into between you as the user of the Site (the"User").
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by MarineCircle. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 MarineCircle may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by MarineCircle of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms.
2.1 Access to and use of the Site and certain of its features and functions provided to all Users are free of charge. However, MarineCircle reserves the right, without prior notice, to restrict access to or use of certain areas or features or functions of the Site ("Premium Services") to paying Users or Users who undergo a specific registration and/or verification process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
2.2 Features and functions of any Premium Service may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
2.3 MarineCircle reserves the right in its sole discretion to restrict or deny service (including any Premium Services) to any User for whatever reason in order to protect the interests of MarineCircle.
3.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to MarineCircle will always be accurate, correct and up to date.
3.2 You will not impersonate any person or Company, misrepresent your affiliation with a person or Company; or misrepresent the origin of any content distributed through MarineCircle.
3.3 Your Information includes any information you provide to us or other Members during the registration, in any public message area or through any e-mail feature (defined herein as "Your Information"). You are solely responsible for Your Information. We act solely as a passive conduit for your online distribution and publication of Your Information. However, in our sole discretion we may take any action with respect to such information we deem necessary or appropriate if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of any of our suppliers, servers or agents or otherwise harm our business. Your Information on the MarineCircle shall not be fraudulent; shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, antidiscrimination or false advertising); and shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
3.4 You are responsible for any content that you post or transmit on or through the MarineCircle. You will not use the MarineCircle to distribute, link to, or solicit content that: is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive; infringes someone else's intellectual property or other rights; advocates or solicits violence or other criminal conduct; violates any law, regulation, or contract; promotes participation in multi-level or pyramid marketing initiatives; constitutes a raffle, sweepstakes, lottery, or any other form of gambling; specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in the domicile of either the distributor or recipient; constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as MarineCircle specifically created for and authorizes; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
3.5 You will comply with all applicable laws and regulations regarding online conduct and content. You will not use MarineCircle to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications.
4.1 You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or logo or any other breach of security.
4.2 You will not disrupt the functioning of the MarineCircle, solicit another user's password, or otherwise act in a way that interferes with other users' use of the MarineCircle. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
5.1 We are not involved in the actual transaction between cargo brokers and shipbrokers and ship owners or ship operators or in the actual provision of transportation services. As a result, we have no control over the quality, safety or legality of: a) the posting by cargo interests of open cargoes, and/or the posting of open ships or time charter requirements by service providers or shipbrokers; b) the transportation services provided ; or c) the truth or accuracy of the information set forth in the listing, or in the information provided by members.
5.2 We will try to authenticate the information that is provided by the member at the time of its initial registration. However, the authentication of the information provided by Members, and the authentication of users on the Internet is generally difficult.
5.3 We cannot prevent people acting under false pretences, or persons lacking the requisite legal capacity. We are not able to monitor our Members to ensure that all of the information that they provide is accurate, current and honest. Information provided by a Member may be inaccurate, mislabeled or deceptive. Although we encourage you to communicate with other Members, please be cautious and use common sense in such communications. We cannot and do not control whether or not the Members will complete their transactions.
5.4 We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
5.5 We may set limits regarding the MarineCircle, including limits on the length of storage of user content, the number of messages going from a user account, the size of messages, and the total amount of storage available to a user. We are not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the MarineCircle.
5.6 We may change or terminate the MarineCircle or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of the MarineCircle and may remove any content within the MarineCircle without notice and for any reason, including lack of use or violation of these terms.
5.7 MarineCircle will take every reasonable step to ensure the 24-hour availability of the online database, and the easy and fast access of every visitor of it. Should the site or the online database ever become unavailable or operate incorrectly due to any kind of technical reasons? Or for any other unforeseen circumstances? MarineCircle will make every possible effort to restore normal operation in the shortest possible time. MarineCircle cannot accept any responsibility for any communication problems (slow speed, Internet outages, etc.) which can affect the accessibility of the users to the site through the Internet.
6.1 While we use reasonable efforts to include accurate and up-to-date information on the MarineCircle, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the offers, products, or other information available through the MarineCircle, and you should not rely upon them.
6.2 We provide the service on an "as is, as available" basis. You use it at your own risk, and MarineCircle, its owners, employees, distributors, directors, representatives and agents are not liable for any errors or omissions in its content or delivery or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from its use.
6.3 We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement. No warranty not set forth in this agreement will be valid. If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.
7.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give MarineCircle a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content in any media now known or later developed, including the right to make the content available to the general public.
8.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
8.2 The manner, mode and extent of advertising by MarineCircle on the Services are subject to change without specific notice to you.
8.3 A number of companies supply content to the MarineCircle and make offers available to you. You deal with and enter into transactions with suppliers of content to, or advertisers on the MarineCircle at your own risk. We are not a party to any such transactions and are not liable for any claims or damages that may result from them.
9.1 The Services may include hyperlinks to other web sites or content or resources. MarineCircle may have no control over any web sites or resources which are provided by companies or persons other than MarineCircle.
9.2 You acknowledge and agree that MarineCircle is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that MarineCircle is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
9.4 You will indemnify MarineCircle, and its owners, subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the MarineCircle or your use of or conduct on the MarineCircle.
10.1 This Agreement constitutes the entire agreement between you and the MarineCircle and governs your use of the MarineCircle, superseding any prior agreements.
10.2 We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors, some of which are outside of our control. We accept no responsibility or obligation whatsoever for any such interruption or interference.
10.3 We are not responsible for any information contained in databases of cargoes, open vessels, T/C and S&P requirements, client's contact details.