User
Agreement
This User Agreement refers to and binds
Registered Users of our Service, in particular of mobile Apps or any other
service that may be provided in the future through us. The following Terms
govern the usage of the Information and Data provided to the Users by
Fishtracker.
一、Confirmation
for the service terms
Both parties of this Agreement are
mobile Apps or other service products and registered users that may be provided
by us in the future. This service agreement has the effect of contract. Before
using the products and services, please carefully read and fully understand the
terms of this agreement. Unless you accept the terms of this agreement, you
have no right to use the products and services. Your use will be deemed as
acceptance of this agreement, and you agree to be bound by the terms of this
agreement, including any changes we may make to the service agreement from time
to time.
二、Information
and Data for use
The User shall use the Information and
Data for his/her own internal use only. Except as otherwise set forth herein,
The User shall have no other rights with respect to the Data, including without
limitation, any right otherwise to use, distribute, furnish or resell the Data
or any portion or derivative thereof. The User may not use the Data for any
illegal purpose or in any manner inconsistent with this agreement. Except as
expressly permitted pursuant to this sublicense agreement, The User may not
copy, reproduce, republish, recompile, redeliver, decompile, disassemble,
reverse engineer, distribute, publish, display, modify, upload, post, transmit,
create derivative works from, or in any other way create a misimpression or
confusion among users with respect to sponsorship or affiliation or exploit in
any way material from the Data.
三、Payments
and Refunds terms
If you purchase any services that we
offer for a fee, either on a one-time or subscription basis, you agree to pay
the applicable fees for the Services (including, without limitation, periodic
fees for premium accounts) as they become due plus all related taxes, and to
reimburse us for all collection costs and interest for any overdue amounts.
Your obligation to pay fees continues through the end of the subscription
period during which you cancel your subscription. We provide network content services
and related technical support according to the paid content and the term of
validity. Unless our problems cause the service to be unable to be provided
normally, all fees paid by users for this service cannot be refunded. You agree
that we shall not be liable to you or to any third party for any modification,
suspension or discontinuance of any part of the Service.
四、Account
cancellation and use
By accepting this Agreement, the User
acknowledges that the information and data that he gets access to, may be of
significance to national or international authorities related to navigation or
with respect to sovereignty rights of one state or organization that protects
such rights. We preserve the right to cancel, reduce and/or inactivate, without
previous notice, one or more accounts or geographical areas, that may fall into
the scope of a national or international authorities' prohibition or
restriction of access to that information and data. In such cases, no refund or
compensation of any kind shall be born in favor of the User. We reserve the
right to refuse the creation of duplicate accounts for the same user. In a case
where duplicate accounts are detected, we reserve the right to close or merge
these duplicate Accounts without notification. You must not duplicate content
over multiple accounts or multiple duplicate updates on one account. No signing
in on more than one device is allowed at the same time with one account.
五、Copyright
The Data may be protected by copyright,
trademark, international treaties and other proprietary rights and laws of the
People's Republic of China, the United States and other countries. The User
agrees to abide by all applicable intellectual property laws, as well as any
additional notices or restrictions contained in the Data. Unauthorized use of
the Data and the materials contained in the Data may violate applicable
copyright, trademark or other intellectual property laws or other laws and
shall be a breach of this sublicense agreement.
六、Unauthorized Use
We are not liable for any unauthorized
use of the Data. The User shall remain liable for all confidential or
proprietary information disclosed by The User or its affiliates as a result of
any unauthorized use of the Data. We may, without notice, choose to block
User's access to the Data and Services if we have reason to believe that Data
or Services are being used by an unauthorized person, in any manner
inconsistent with the Terms or for other reasons deemed appropriate by us.
七、User
Privacy
It is our basic policy to protect the
privacy of users. When you register, you must provide personal information. We
promise not to disclose or provide your registration information and the
non-public content stored in us when you use the network service, except for
the following situations: a) Use location peripheral services; b) Obtain your
express authorization in advance; c) According to relevant laws and
regulations; d) In accordance with the requirements of relevant government
authorities; e) In order to safeguard the interests of the public; f) To
safeguard our legitimate rights and interests; g) Other situations requiring
disclosure, editing or disclosure of personal information. We may cooperate
with a third party to provide relevant services to users. In this case, if the
third party agrees to assume the same responsibility of protecting users'
privacy as us, we can provide your registration information to the third party.
On the premise of not disclosing the privacy information of a single user, we
have the right to analyze the entire user database and make commercial use of
the user database.
八、Modifications
of Service and Warranties
The User acknowledges and agrees that
nothing in this agreement constitutes an undertaking by us to provide the
Information, Data or Services in its present form or under any specifications.
we, in its sole and absolute discretion may from time to time make additions
to, deletions from, modifications to, or change the format and features of the
Information, Data or Services.
To the fullest extent permitted by
applicable law, none of us, our officers, employees, and contractors has made
or shall be deemed to have made any representations or warranties whatsoever
with respect to the information, data and services provided. We expressly
disclaim any and all warranties, express or implied, including without
limitation warranties of merchantability, fitness for a particular purpose, title
and non-infringement. We do not warrant that the service will be uninterrupted
or error-free, that defects will be corrected. We do not warrant or represent
the use of the data in terms of its correctness, accuracy, reliability, or
otherwise.
九、Reliance
upon AIS Data
The User acknowledges and agrees that
the AIS Data provided by us may be inaccurate or incomplete and are subject to
error, delay or change. Reliance upon or use of such AIS Data shall be at
User's risk.
十、Damages
The User acknowledges that in no event
shall we are liable to it for any direct, special, incidental, indirect,
punitive, consequential damages or any other damages of any kind (including,
but not limited to, lost profits and damages that may result from the use of
the Services or Data, any delay or interruption of service, or omissions or
inaccuracies in the information) even if we have been advised of the
possibility thereof.
十一、Breach of Agreement
The User acknowledges that any breach
of this Agreement may cause irreparable harm to us for which monetary damages
may not be sufficient, and the User agrees that we will be entitled to seek, in
addition to its other rights and remedies hereunder or at law, injunctive or
all other equitable relief, and such further relief as may be proper from a
court of competent jurisdiction.
十二、Force Majeure
If we are prevented or delayed in the
performance of any of its services under this Agreement by force majeure, then
we shall be excused from the performance or the punctual performance, as the
case may be, as from the date of such force majeure occurs, for so long as such
cause of prevention or delay shall continue. For the purpose of this Agreement,
"force majeure" shall be deemed to be any cause affecting the
performance of this Agreement arising from or attributable to acts, events,
omissions or accidents beyond the reasonable control of us. Excuse from
performance does not extend the duration of the provided Services to the User.
十三、Applicable Law
The present Agreement, as well as any
modification or alteration on them are subject to Chinese Law. All the
above-mentioned terms are considered as essential. Should any of the terms
become against the law, it becomes inactive and is removed from the present
text without affecting in any way the validity of the other terms. If any dispute
or difference arises out of or in connection with this Agreement, it shall be
resolved by the courts of China, which shall have exclusive jurisdiction.
十四、Notice and delivery
All the notices under the clauses of
this agreement can be transmitted through ways of webpage announcements,
E-mails, short messages or regular letters etc.; the notice is regarded as
having been delivered to the recipients on the date when it is sent.
十五、Other Regulations
This agreement constitutes both
parties’ complete agreement of the agreed items of this agreement and other
relevant matters. Except the rights regulated in this agreement, no other
rights are endowed to all parties of this agreement. If any clauses in this
agreement completely or partly become invalid or do not have the executive
force due to no matter what reasons, other clauses of the agreement shall still
be valid and have the binding force. The final revision and power of
interpretation for this agreement belong to us.