|AS USING OF OUR WEBSITE, MARINEDIGITAL.COM (referred to as "MarineDigital" herein), YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND AGREEMENT (collectively referred to as "Terms") CONTAINED HEREIN. PLEASE READ THESE TERMS AND AGREEMENT CAREFULLY BEFORE USING MARINEDIGITAL.|
As an owner of MarineDigital
and its subsidiaries, MarineDigital Co., Ltd.
(hereinafter known as "MarineDigital.com") reserves all the rights
and authorities to modify and update these Terms at anytime, without prior
notice, by updating this posting.
Any posted changes are effective
immediately and your continued use of MarineDigital
contents and services constitutes your agreement that you've read all of these
Terms and Agreement acceptance that you respect them in their entirety. Unless
explicitly stated otherwise, any new and present features that augment or
enhance MarineDigital shall be subject to this
Copyrights & Licenses
contents, such as all the information through/at MarineDigital
including text, graphics, logos, button icons, and images, belong to
MarineDigital.com and are expressly managed by MarineDigital.com. The
compilation of the MarineDigital contents and/or the
contents on MarineDigital is the sole property of
MarineDigital.com and is protected by Copyright and Trademark Laws.
This site or any portion of this site can
not be reproduced, duplicated, copied, sold, resold or otherwise exploited for
any commercial purpose that is not expressly permitted by MarineDigital.com or
the third party content provider to MarineDigital.
You further agree to grant to MarineDigital a non-exclusive and royalty free with the
right to sublicense, reproduce, transmit, distribute, create any derivative
works of, publicly use or display any materials or information you publish or
provide to MarineDigital by means or by any media now
known or hereafter developed.
By your acceptance of the Terms, you also
grant to MarineDigital all the rights to use your
name or company information in connection with the submitted materials and other
information as well as in connection with any or all the advertising, marketing
and promotional materials related thereto.
MarineDigital is only a venue for trading. MarineDigital.com acts as the venue
for users to locate people to trade with and to negotiate the quality of goods
and services. Yet, we are not certainly involved in the actual transaction
between trading partners. As a result, we have no control over quality, safety
or legality of the provider's items in trades, the truth or accuracy of the
items and their information, the ability of traders to fulfill their obligation
in any trade agreement. We will not and can not control whether traders will
complete their part of a trade or not.
Membership Registration Obligation
As registering for MarineDigital
including membership and services, you agree to these statements:
You have provided true, accurate, current,
valid, and complete information about yourself or representing company, as
prompted by the member information form at "Join Now" and My Info.
Therefore, you may maintain and promptly update the member information to keep
it true, accurate, current, valid, and complete.
If you provide or attempt to grant any
information, that is untrue, inaccurate, invalid, or incomplete, MarineDigital has the rights and authorities to suspend or
terminate your registration and refuse any and/or all current or future use of
our service (or any portion thereof). If you have registered for MarineDigital on behalf of a company or other entity, you
represent and warrant that you have the authority to bind such company or other
entity to the Terms so as an individual.
MarineDigital contents may be provided only to an individual or company that
currently runs valid and legitimate business and can form legally binding
contracts under applicable law.
Without limiting the foregoing, MarineDigital services are not available to minors. If you
do not qualify, you should not use MarineDigital
Membership ID & Password and Protection
During the registration process, you will
be assigned a member ID and Password. You are solely responsible for
maintaining the confidentiality of your Member ID and Password, and for all
activities that occur under your Member ID and password.
You agree to immediately notify MarineDigital of any unauthorized use of your Member ID or
Password or any other breach of security, and ensure that you properly log out
from the web site at the end of each session.
MarineDigital cannot and will not be liable for any damage arising from your
failure to comply this paragraph.
User Rules of Conduct
As using MarineDigital,
you agree to the following rules.
Any violation of the following rules is
automatically considered a material breach of these Terms and forfeiture of any
access to MarineDigital:
- Using MarineDigital
in violation of local, state, national, or international laws;
- Posting or transmitting any trade leads,
information, data, text, files, links, chat, communication, or any other
materials that are unlawful, harmful, illegal, threatening, abusive, invasive
of another's privacy, harassing, defamatory, slanderous, vulgar, obscene,
hateful, racist, embarrassing or otherwise objectionable to any other person or
entity as determined by MarineDigital.com in its sole discretion
- Providing false information on your
registration form or impersonating any person
- Crude talking, harassing, or otherwise
- Posting or transmitting any unsanctioned
advertising, promotional materials, or any other forms of unsanctioned
solicitation, including, without limitation, "junk mail,"
"spam," "chain letters," or any unsolicited mass distribution
- Posting surveys, contests, or pyramid
- Posting material that infringes on the
intellectual property rights of others
- Distributing viruses, corrupted files, or
any other similar software or programs that may damage the operation of another
- Engaging in any other conduct that
inhibits any other user from accessing or enjoying MarineDigital
- Acting in any other manner, which in
MarineDigital.com, in its sole discretion finds unacceptable
Security and Non-assign Ability
Members should not assign or transfer
access privileges to any other person or entity. Members must promptly inform
"MarineDigital.com" of the following:
(1) Changes in contact information
(2) Apparent breaches of security, such as
theft or unauthorized disclosure of data. Unless MarineDigital.com is notified
on a breach in security, the Member will remain liable for both any
unauthorized and authorized use of the services.
Because we are not involved in the actual
transaction between buyers and sellers, in the event that you have a dispute
with one or more users, you release MarineDigital
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed, arising out of
or in any way connected with such disputes.
Links to Other Websites
This web site may contain links to other
websites that are controlled by parties other than MarineDigital.com. Please be
aware that MarineDigital.com is not responsible for any use of such other
websites, even when said website is accessed through a link from MarineDigital. MarineDigital.com does not control these
websites and bears no responsibility or liability for, nor should
MarineDigital.com be deemed in any way to endorse or approve of, the contents,
products, services and information on the linked website. Any questions
concerning your use of other websites must be directed to the respective
Use by Minors
MarineDigital provides its content and services to users
involved in international trade and is not intended for use by minors.
Pursuant to the Children's Online Privacy Protection Act, MarineDigital.com
does not knowingly register or collect any information by a minor, under the
age of 13.
Disclaimer of Warranties
We will try very hard to maximize your
profit with MarineDigital. However, we cannot always
foresee or anticipate technical or other difficulties. These difficulties may
result in loss of data or other service interruptions.
For this reason, you expressly understand
and agree that your use of the service is at your own risk.
MarineDigital expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. MarineDigital makes no warranty that:
- The service will meet your requirements.
- The service will be uninterrupted,
timely, secure, or error-free.
- The results that may be obtained from the
use of the services will be accurate or reliable.
- The quality of any products, services,
information, or other material purchased or obtained by you through the service
will meet your expectations.
- Any material downloaded or otherwise
obtained through use of the service is done at your own discretion and risk and
you will be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material.
- No advice or information, whether oral or
written, obtained by you from MarineDigital or
through or from the service shall create any warranty not expressly stated in
Limit of Liability
You expressly understand and agree that MarineDigital shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including, but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if MarineDigital has been
advised of the possibility of such damages), resulting from:
- The use or the inability to use the
- The cost of procurement of substitute
goods and services resulting from any goods, data, information or services
purchases or obtained or messages received or transactions entered into through
or from the service
- Unauthorized access to or alteration of
your transmissions or data; statements or conduct of any third party on the
service; any other matter relating to the service
You agree to indemnify and hold MarineDigital and our affiliates, officers, directors,
agents, and employees, harmless from any claim or demand (including legal
expenses and the expenses of other professionals) made by a third party due to
or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
The Terms contained within this Agreement
constitute the entire agreement and understanding between MarineDigital.com and
the User, superseding any previous understanding between MarineDigital.com and
the User. Furthermore, User agrees that they have not relied upon any
representations or warranties that are not set forth expressly in these Terms.
Choice of Law and Venue; Export Control
The agreed upon Terms shall be governed and
construed by the laws of the State of New York and laws and treaties of the
United States. As for venue, any action or proceeding arising out of or
relating to these Terms shall be filed in, heard and litigated solely before
the state or federal courts located within the State of New York, County of New
York. All parties generally and unconditionally accepts the exclusive
jurisdiction of such courts and to venue therein and waives any defense or
right to object to venue in said courts based upon the doctrine of "Forum
Non Convenient". Each party irrevocably agrees to be bound by any judgment
rendered thereby in connection with these Terms.
MarineDigital.com makes no representation
that the contents and services of MarineDigital are
appropriate or available for use in any other location than the United States,
and access to them from territories where their content and services are
illegal is prohibited. You may not use or export the contents of MarineDigital in violation of United States export laws and
MarineDigital shall not be liable to you for delays or failures in performance
resulting from causes beyond our reasonable control, including, but not limited
to, acts of God, labor disputes or disturbances, material shortages or
rationing, riots, acts of war, governmental regulations, communication or
utility failures, or casualties.