OVERVIEW OF C-MAP, Lowrance, B&G and Simrad Apps - TERMS OF USE

This is an overview of the Terms of Service Agreement (TOS); the overview is not a complete list and should not be treated as such. For the full version of the TOS, please see below.

  1. NOT TO BE USED FOR NAVIGATION. No National Hydrographic Office has verified the information in this product and none accept liability for the accuracy of reproduction or any modification made thereafter. No National Hydrographic Office warrants that this product satisfies national or international regulations regarding the use of appropriate products for navigation.
  2. By registering as user of the Service or otherwise use the Service You agree to this TOS, the Privacy Policy and the Cookie Policy. The Privacy Policy and the Cookie Policy are integrated parts of this TOS.
  3. Certain functions in the Service may be subject to payment. By completing the payment process or otherwise using such functions You agree to pay the fees required by NAVICO for the use of such functions.
  4. When creating an account and/or using the Service, NAVICO collects personal information about You, including preferences and geographical location, which NAVICO may communicate to third parties in accordance with privacy laws, please see the Privacy Policy and section 2.1 in this TOS.
  5. When You register with the Service, You are responsible for anything that occurs or is posted by Your account, including use by someone else via Your login, therefore we recommend that You keep Your login credentials confidential.
  6. You may only use the Service for personal and non-commercial purposes.
  7. NAVICO and Third Party data providers disclaim any liability for damages or bodily injury arising out of the use of the Service, including but not limited to, eventual naval navigation with the Service, navigation error, running aground, route planning, defects and/or errors in the Service or the data upon which the Service is based.
  8. You shall not post anything that is (i) unlawful (ii) infringes third party rights or (iii) might expose the Service or NAVICO for criticism. Please see full list under section 3 of this TOS.
  9. NAVICO has the right to remove content, terminate Your account or/and suspend You from the service if You post anything of the above mentioned.
  10. You own the information that You post on the Service, however by posting information on the Service You authorize NAVICO to use or make copies of it and use it for promotional or other marketing purposes.
  11. You must be 18 years or older to use or register.
  12. Keep Yourself updated on any changes to the Service or the TOS through the application, or at letsembark.io.

If You have any questions related to the Service, the TOS and/or the handling of Your personal data, You may contact NAVICO by sending an e-mail or a regular mail to:

Mail:
NAVICO Norway AS
Nyåskaiveien 2, 4374 EGERSUND, NORWAY

hello@letsembark.io

1. TERMS OF SERVICE - ACCEPTANCE

This Terms of Service Agreement (TOS) is entered into by and between NAVICO Norway AS, Norwegian enterprise No: 966 04 1056 (NAVICO Norway AS) and You as a user (You, the User or Customer). The TOS governs the use of the C-MAP, Lowrance, Simrad and B&G applications (the "Application") for mobile phones, tablets, computers and other portable units, related online, mobile and other platforms or services, hereafter referred to as the Service.

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.

This TOS also encompass the Privacy Policy and the Cookie Policy, if not explicitly said otherwise in this TOS.

Please read this TOS carefully. As a User You agree to the TOS, Privacy Policy and Cookie Policy by registering Your account for the Service, or using and/or accessing the Service in other ways.

Certain functions in the Service may be subject to payment. By completing the payment process or otherwise using the functions subject to payment You agree to pay the fees required by NAVICO for the use of such functions.

NAVICO reserves the right to update and/or modify this TOS from time to time and without notice. The most recent revisions of the TOS shall supersede any previous versions and the current version of the TOS will always be found through the Service and on the Application website. It is Your responsibility as a User to be updated on any new versions. Any continued use of the Service following the posting of any changes in the TOS shall constitute acceptance of such changes.

A User’s failure to abide by the TOS may result in suspension from using the Service or termination of Your account.

NAVICO reserves the right to modify or discontinue the Service or parts thereof temporarily or permanently. Notice of any discontinuation or modification of the Service will be disclosed to the registered email address of Your account.

NAVICO requires that You are 16 years old or above to use the Service, see also article 3.2.

2. CREATING ACCOUNTS - ACCOUNT REGISTRATION

2.1 User information – personal data

When creating Your account for the Service, NAVICO will require the creation of a password, as well as ask for Your name and e-mail address. This data is collected in order for NAVICO to be able to store Your settings, preferences and manage the customer relationship. As a User, You agree to provide NAVICO with accurate information and to keep said information updated. For more information please refer to the Privacy Policy.

User privacy is very important to NAVICO and NAVICO only processes personal data for the purposes for which they are collected and in a manner in accordance with national and international data protection laws. The personal data collected will not be made available to any third parties and will be deleted when it is no longer necessary for the processing to keep it.

NAVICO maintains sole discretion refusing certain user names or information that may represent a risk to any other user with regard to potential identity theft, possible offence, or otherwise impersonation of another user.

By contacting NAVICO through the contact information below, You will be able to get information about what personal data NAVICO has registered on You. You will also be able to change or update that data.

When signing in with Your account, You as a User may opt to use the Service and share information through various social media profiles, such as, but not limited to; Facebook, Instagram or Twitter. NAVICO shall not be responsible for such usage of the Service or information thereof through any social media services.

2.2 Registration Information and Confidentiality

When registering and/or setting up an account with the Service, You are solely responsible for maintaining the confidentiality of Your information, You are also solely responsible for Your use of the Service, including the use by anyone with access to the Service via Your login. As a User You may not sub-license, transfer, sell or assign Your account or information to any third party, without the written consent of NAVICO. Attempting to do so may result in suspension from using the Service or termination of Your account.

3. USING THE NAVICO SERVICE

3.1 For personal use only

Unless otherwise specified, the Service is intended for Your personal, non-commercial use only. You shall not, without the acceptance from NAVICO, attempt to any of the following when using the Service:

You are responsible for all activity that occurs under Your user account, and You agree not to use the Service to upload, post, transmit, share, store or otherwise make available content deemed to be harmful, threatening, inflammatory, harassing, vulgar, unlawful, defamatory, infringing, abusive, obscene, fraudulent, or privacy invasive. You warrant that You have the right to post the information You upload to the Service and that it does not infringe any third party rights. You also agree to use the Service in accordance with the law, and acknowledge that failure to do so may subject You to civil and criminal penalties.

Additionally; hateful or racially, ethnically or otherwise objectionable content shall be grounds for discontinuance of the Service and termination of Your account. You also agree not to carry out unsolicited advertisement or other distribution/solicitation via the Service or any portion thereof.

NAVICO shall have the right to, without notice, remove Your content, close down Your account or suspend You if NAVICO in its sole discretion deems it to be unlawful or in violation of, or may imply a breach of this TOS, the Privacy Policy or the Cookie Policy. This shall also apply to information that may expose NAVICO for risk of criticism.

3.2 Minors

In accordance with section 1 of this TOS, NAVICO does not knowingly collect or make use of information from minor users. Minors are also expressly prohibited from submitting their information to the Service. In cases where such information is made evident to NAVICO, said information will be subject to deletion from the Service.

4. THIRD PARTY SERVICES

When You use the Service to use or purchase other services or products from third parties, NAVICO shall not be responsible for such use or purchase.

All third party data, services and products integrated in or available through the Service are independent contractors and not partners or employees of NAVICO. NAVICO shall not be responsible for any actions, mistakes, defects, omissions, over bookings, claims, guarantees etc. related to such data, service or products or the use or purchase thereof. If You experience any problem with Your use or purchase of third party services or products, please contact the provider accompanying Your product or receipt.

5. INTELLECTUAL PROPERTY RULES, RIGHTS AND USE

5.1 Use of Data and Materials

The Service contains material protected under copyright- and other intellectual property laws. NAVICO reserves all rights, title and interest in the Service and any updates, modifications, improvements and derivatives thereof if nothing else is expressed in this TOS. Users may not modify, copy, reproduce, republish, or otherwise transfer any data or materials that belong to NAVICO. Users may only download material from the Service for their own personal, non-commercial use.

“C-MAP”, “Lowrance”, “B&G” and “Simrad” the C-MAP, Lowrance, B&G and Simrad logos, and other trade and/or service marks are the property of Navico Holding AS or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these terms without the prior written consent of Navico.

5.2 Ownership and Use

NAVICO content; such as but not limited to organization, graphics, text, images, video, design, compilation, advertising and all other material on the site(s), is protected under applicable copyrights and other proprietary statutes. Copying, redistribution, or modifying, up to and including alterations, except for the limited rights of use granted hereunder, are strictly prohibited.

5.3 Legal Compliance

You agree to use the Service only for purposes that are permitted by applicable law, rules or regulations, and as permitted by this TOS.

5.4 Links to Other Domains

You acknowledge that NAVICO does not condone or endorse content from other sites which are linked to via the Service. Furthermore, NAVICO will not be responsible for the content or actions of websites and services beyond their control. Links to any other service or site may be used under Your sole discretion and risk.

5.5 Interfering and Tampering

You agree not to disrupt, or in any way attack, modify or interfere with the Service, NAVICO or its associated software, hardware and/or servers in any way. Additionally, You agree not to interfere in any way with other User's use of these services. Tampering or altering information, materials or data on the service also represents a breach of this agreement.

5.6 Copyright Acknowledgements, Notices and Warnings.

BEFORE USING A NAVICO DATA PRODUCT YOU MUST READ THE FOLLOWING COPYRIGHT ACKNOWLEDGEMENT, NOTICES AND WARNINGS AND TERMS AND CONDITIONS (EULA).

This service provides data from OpenStreetMap, licensed under the ODbL

6. USER GENERATED CONTENT

6.1 User Responsibility

You as a User are solely responsible for the profiles, photos, reviews, messages, text, and all other content that You upload to the Service. In addition, You are responsible for any data You publish or deploy via the Service, including sharing or posting to other sites.

6.2 User Content License

As a User of the Service, You authorize NAVICO to use or make copies of Your content (guides, places, reviews, comments, feedback, testimonials, ideas, suggestions or any similar or related information) and to make such data and information available for the public as a part of the Service, including via third parties services and sites by any means and for any purposes deemed appropriate by NAVICO. By posting user content to any part of the Service, You automatically grant NAVICO a license to said content however and wherever originally situated. This right shall remain with NAVICO after You as a User have ended the Service/cancelled Your account.

NAVICO shall not be obligated to pay any compensation with regard to said use of data and information.

6.3 Intellectual Property Ownership

NAVICO does not assert any ownership over User's content if nothing else is specified in this TOS.

7. INDEMNIFICATION

As a User, You agree to indemnify and keep NAVICO and its affiliates, employees, agents, representatives and third party service providers harmless with regard to any and all claims and liabilities (including attorney fees) which may arise from Your submissions or interactions with NAVICO. NAVICO cannot be held liable for any unauthorized user interaction, use of materials obtained from the Service, or for any breach of this TOS.

8. DISCLAIMERS AND LIABILITY LIMITATIONS

“THIS PRODUCT IS NOT TO BE USED FOR NAVIGATION”. The use of this product for the planning and execution of passages will not meet the requirements of SOLAS.

NAVICO PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

This includes, but is not limited to; any guarantee of accuracy, title, merchantability, reliability, fitness of purpose, or any other warranty, either oral or written. NAVICO does not supply and warrant for the accuracy with regard to the correctness, completeness or even usefulness of the information contained in the Service or the data upon which such information is based.

Additionally and without derogating from the above clause, MiraTrex disclaims any warranties relating to the accuracy of the maps, content, or routes presented or displayed in or by the Service. You are solely responsible for backing up their data, maintaining their itineraries, and in general for the accuracy of information provided to them via C-MAPNAVICO, Lowrance, B&G and Simrad and their affiliates.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including maritime laws) while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON ANY ACTUAL SIGNS OR FORMS OF NOTICE.

NAVICO exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to NAVICO’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in NAVICO or any of its providers.

NAVICO, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

9. TERMINATION OR SUSPENSION OF SERVICE/ACCOUNT

As a User You have the right to cancel Your account at any time. NAVICO shall have the right to cancel the Service at any time with 30 days notice. NAVICO shall also have the right to cancel an account or suspend a User at its own discretion, please see article 3.1.

10. DISPUTE RESOLUTION

10.1 Governing law and forum

This TOS shall be governed by the laws of Norway, and the parties hereby submit to the exclusive jurisdiction of the Oslo District court.

10.2 General

In accordance with section 10.1, disputes arising between the User and NAVICO, shall be resolved via the most neutral and cost effective means possible. The User agrees to try to solve any claim or dispute amicably.

11. EXPORT

11.1 The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

11.2 Additionally, You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

12. APPLE USERS

If you use the Service on an Apple device, then you agree and acknowledge that:

12.1 Apple, Inc. bears no duties or obligations to you under these TOS, including, but not limited to, any obligation to furnish you with Service maintenance and support;

12.2. You will have no claims, and you waive any and all rights and causes of action against Apple with respect to these TOS, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and

12.3. Apple and Apple’s subsidiaries are third party beneficiaries of the TOS. Upon your acceptance of the TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third party beneficiary thereof.

13. CONTACT

If You have any questions related to the Service, the TOS and/or the handling of Your personal data, You may contact NAVICO by sending an e-mail or a regular mail, see address below:

Mail:
NAVICO Norway AS
Nyåskaiveien 2, 4374 EGERSUND, NORWAY

hello@letsembark.io

Updated: November 2019