Terms Of Use
The following terms of use govern the contractual relationship between vesseltracker.com GmbH, Mundsburger Damm 45, 22087 Hamburg, Germany (hereinafter: "Provider") and the User in connection with the use of the online portal "vesseltracker.com". Any use of this portal exclusively takes place according to these terms of use. This also applies to any use from a place outside the area of the Federal Republic of Germany. Any other provisions only apply, if the provider explicitly agrees to their application.
§ 1 Subject of agreement
(1) General provisions
Subject of the agreement is the providing of various technical services by the Provider as part of an online portal in connection with the granting of rights of user in a database of recorded signals from the Automatic Identification System (AIS) created by the Provider (hereinafter: “Database”), as well as a software (hereinafter: “User Interface”), which allows the User access to the Database by means of search functions and graphical representations. The Database and the User Interface are hereinafter collectively called "Vesseltracker".
The amount of information available to the user is distinguished between a Public Area and a Premium Area.
(2) Public Area
Within the Public Area, the data currently collected by AIS receivers of the Provider is made available to the User with a time lag of at least one hour. The following data about the current vessels in range of the AIS receivers is being provided:
- Call sign of the vessel
- Length/width
- Maritime Mobile Service Identity (MMSI)
- IMO code
- Current ship position
The use of the Public Area is free of charge to the user.
(3) Premium Area
The use of the Premium Area requires the setup of a personal user account. Within the Premium Area, the current AIS data is displayed immediately upon reception by the receiver (usually between 2-5 minutes after transmission from the vessel). Beyond the data available in the Public Area, the following data is available on the vessels with in the reception area:
- Name of the vessel
- Type of ship
- Course over ground (COG)
- Speed over ground (SOG)
- True Heading
- Draught of ship
- Destination and estimated time of arrival
In addition, within the Premium Area the User has access to a ship archive, maps and spreadsheet views. The use of the services provided with in the Premium Area is free of charge to the user for a duration of four weeks (test account). After this time, the use of the Premium Area is connected to fees that can be viewed on the Vesseltracker website under the section "Services".
The fees for using the Premium Area are immediately due for payment and have to be accounted for by means of one of the payment methods offered by the Provider. If a fee cannot be clooected due to insufficiency of eserves on the bank account designated by the User, the User is liable for all costs connected, namely bank fees connected to the failure of bank collection and comparable fees. The Provider is entitled to deliver the bills for the use of the Premium account to the User by E-Mail.
(4) Additional services
If additional services are offered by the Provider, e.g. a link-up of the Database to Enterprise Resource Planning (ERP) systems of the user or event-generated notifications by SMS, these have to be ordered separately and are first and foremost subject to the applicable individual contractual regulations, subsequently to these terms of use.
§ 2 Conclusion of the contract
(1) Public Area
The contract between Provider and User for the use of the services provided is entered upon confirmation of these terms of use by the User before his first use.
(2) Premium Area
The contract about using the data available within the Premium Area comes into existence upon application by the User and confirmation by the Provider.
§ 3 Duration of the contract
(1) Public Area
The contract on the use of the free services within the Public Area is entered for an indefinite period of time. It can be terminated by the Provider at any time.
(2) Premium Area
The contract on the services provided within the Premium Area is entered for an indefinite period of time. It can be terminated by both parties towards the end of an ordered billing period with at least thirty calendar days’ notice. . On the side of the User, a termination can be made by means of the contact form provided on the Vesseltracker website, by fax or by letter. Within the termination notce, either the User name or the User’s e-mail address registered with Vesseltracker has to be referred to.
§ 4 Remuneration
If any paid services are ordered by the User (§ 1 (3) of these terms), the remuneration is dictated by the applicable price list or the Provider’s individual offer. The remuneration is payable upon entering the contract and receipt of an invoice.
§ 5 Granted Rights
(1) As part of this contract, the Provider only grants the User the right to view the data and graphical representations provided by Vesseltracker online. Furthermore, the User is allowed to use data and graphical representations within his own presentations, as long as there is an explicit notice of the source ("Source: www.vesseltracker.com").
(2) If graphical elements from Vesseltracker are to be used, that are subject to third parties’ rights, in particular map material by google Earth, the User is exclusively responsible for obtaining the respective third parties’ rights and/or to follow the applicable licensing terms.
(3) Any and all further rights in the elements of the database and their graphical representations are reserved and have to be separately licensed. This particularly applies to local copies, duplications, distribution and making available in online services. The grant of rights is limited to the person of the individual User, unless a group subscription has been entered. A use of the User Account by third parties is explicitly prohibited.
§ 6 Accessory Obligations
(1) The User agrees to keep his personal User Account data secret. If the User has caused the use of his personal User Account by intent or negligence, he is liable toward the Provider for any damage caused by means of the User Account. This particularly includes the license fee for unlawfully obtained uses.
(2) The User agrees to exclusively use the information gathered by means of Vesseltracker according to the principle of utmost good faith and in particular refrain from any kind of harm to third parties by means of the obtained information.
(3) The User agrees to hold the Provider harmless from any third parties’ claims and release him from any liability caused by the User’s intentional or negligent violation of his Accessory Obligations or third parties’ rights (in particular, § 5 (2) of these terms). This also includes legal costs.
§ 7 Protection of Privacy
(1) The Provider agrees to abide by the legal regulations on protection of privacy, namely the German federal code on protection of privacy (Bundesdatenschutzgesetz) and the law on protection of privacy in online services (Teledienstegesetz).
(2) As part of the contractual providing of services, personal data are being collected, saved, processed and applied. Personal data are all data that contain personal and factual information on a certain or identifiable User.
(3) The User agrees, that the Provider may save any personal data entered by the User as part of his User Account – e.g. age, ZIP code, phone number, results of his queries etc. – and that the Provider may use these in order to optimize his service. A transfer of any of these data to third parties, especially for advertising purposes, is explicitly excluded.
(4) The personal preferences entered by the User for using Vesseltracker are being saved. Thereby, it is ensured that every User in every session (upon each log-in ) can re-apply his personal preferences. The Provider will usually use the commonly applied cookies. These cookies are permanently saved by the User’s browser software to his hard drive and can be deleted by the User himself by means of his browser preferences.
(5) Anytime upon request, the Provider will deliver to the User a free and complete overview of the personal data of the User that is saved by the Provider.
(6) The Provider explicitly notifies the User, that the protection of data during data transfer in open networks such as the Internet according to the current state of technology cannot be completely guaranteed. The User is responsible for the security of data transmitted by him to the Internet.
(7) The Provider can use the collected data for his own market research purposes and for his own self-advertising. For this means, he may use the service of third parties.
(8) By completing his registration, the user declares his agreement with the aforementioned description of the use of his data.
§ 8 Limitation of liability
(1) The Provider is exclusively liable for damages based on one of the following circumstances:
a) to the full degree of damages only in case of intent or gross negligence of his executive organs and executive employees,
b) on the merits in any case of a culpable violation of central contractual duties,
c) beyond those duties on the merits only for intent and gross negligence of auxillary persons.
In cases b) and c) the Provider is only liable to the amount of foreseeable damages.
(2) The Provider may neither be made liable for incorrect data entered by Users nor for abuse of data about the User that he has made available to third parties within Vesseltracker.
(3) Furthermore, the Provider is not liable for the abuse of personal data by third parties, that have made these available to themselves against the will of the Provider (“hacking”), as long as the Provider has protected the personal data according to the current standards of technology.
(4) The Provider can interrupt the provision of services within the boundaries of what is usual in this line of business, in order to sustain the general provision of services, especially for repairs, updates or in emergency situations. Except in emergency situations, the Provider will announce such down times of the access of his service in advance and reduce them to the lowest possible degree.
(5) The data base created by the Provider is assembled from data sent by vessels’ AIS systems and received in part by the Provider’s own receivers, in part transmitted to him by third party providers. The Provider is only liable for data that are incorrectly transmitted to him, if their adoption is to be considered as a degree of fault in the sense of § 8 (1).
§ 9 Terms of use for the forum
(1) The User is prohibited from delivering or making available commercial advertising to other users by using the technical infrastructure of Vesseltracker. This prohibition especially contains any kinds of electronic communication services (e.g. email, forum chat, instant messaging) as well as the design of the User account within the portal. Furthermore, the User is prohibited from using information on other Users gathered within Vesseltracker for advertising in other channels.
(2) The User is exclusively responsible for any information about himself, that he makes available within Vesseltracker. The User confirms that the entered data are correct and describe him personally.
(3) The User agrees not to distribute or make available any immoral, obscene or politically radical content via Vesseltracker. Furthermore, he agrees not to distribute or make available any content that is subject to a third party’s copyright or other third parties’ rights. He also agrees not to make any defamatory or libellous statements towards third parties.
(4) For any case of violation of the regulations under (1) to (3) above, the User agrees to hold the Provider harmless from any third party claims. Further claims of the Provider are unaffected.
(5) The Provider may, but is not obliged to, review the content of any text or entered photos or graphical data for compatibility with general law or these terms of use, and, where necessary, to alter or delete affected content.
§10 Final provisions
(1) Changes, amendments and side letters to the contractual relationship have to be in writing in order to have any legal effect.
(2) If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these policies and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
(3) If the User is considered as a businessman (Kaufmann) in the sense of § 1 of the German commercial code (Handelsgesetzbuch, HGB), the parties agree to the place of jurisdiction of the state and city of Hamburg, Germany.
(4) This contract is exclusively governed by the laws of the Federal Republic of Germany under exclusion of Private International Law.
