General Terms and Conditions
(Status June 2018)The following Terms govern the contractual relationship between vesseltracker.com GmbH, Mundsburger Damm 14, 22087 Hamburg, Germany (hereinafter: "Provider") and the User in connection with the use of the online portal "vesseltracker.com".
§ 1 Subject of agreement
(1) General provisions
Subject of the agreement is the provision of various technical services by the Provider as part of an online portal in connection with the granting of rights of use for 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 presentations. The provision of Portal, Database and the User Interface are hereinafter collectively called "Vesseltracker".
The data recorded by the Provider or transmitted to him cannot be checked for correctness by the Provider. Only the reproduction of this data is subject of the contract. The provider accepts no responsibility for the correctness of the signals and data and information derived from it.
The extent of the access the User is granted is determined by individual agreement, but generally by choosing one of the standard offerings of the Provider.
If any paid services for the usage of Vesseltracker are agreed upon the amount is due immediately after issuance of an invoice. The amount has to be settled by the means indicated in the invoice. If an amount cannot be debited due to insufficient funds in the User’s account the User has to bear all subsequent banking charges, in particular charges related to the return of debit advices and and similar charges. The provider may transmit invoices to the User via e-mail.
§ 2 Conclusion of the contract / Withdrawal from the contract
The contract between Provider and User becomes effective once the User has been granted access to the services. Usually this takes place when the User receives an e-mail with his access codes with which he can initially login and start using the services. The User cannot demand the conclusion of a contract.
If, after the conclusion of a contract subject to public law the accomplishment of the contract becomes impossible the Provider may withdraw from the contract with immediate effect. In that case the User is entitled to a refund which is equivalent to the remaining and not executed contract time, the User has paid already.
§ 3 Duration of the contract
(1) Public Area
The contract on the use of the free services within the Public Area is concluded for an indefinite period of time. It can be terminated by the Provider at any time without stating a reason for doing so.
(2) Charged Area
The contract for the services provided within the charged Area is concluded for a finite period of time which the User chooses from the contract periods offered by the Provider unless otherwise agreed. At the end of the contract time the contract is renewed for another period of the same duration without explicit statement of either party unless the contract is terminated by either party with a month’s notice to the end of the current period. Contract termination for cause is reserved. The User may cancel the contract with the contact form provided on the vesseltracker.com website or per fax or letter. The notice of cancellation has to contain the user name or an e-mail address which is registered by vesseltracker. The Provider may terminate a contract in text form or by e-mail. If the Provider uses the e-mail address last provided by the User the notice of cancellation is considered to have reached the User the latest one day after its transmission.
§ 4 Remuneration
If the use of chargeable services have been agreed the amount of the fee will be acording to the valid price list or it is based on an individual offer of the Provider. The fee is immediately due upon conclusion of the contract and the issuance 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 presentations provided by Vesseltracker online.
(2) If graphical elements from Vesseltracker are to be used which 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. The same applies for picture files which other Users have uploaded for viewing to Vesseltracker.
(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 to making it available in online services. If the User has been granted a licence to use data, picture files and graphical presentations within the context of presentations, the User shall expressly indicate the origin (“source: www.vesseltracker.com”)
(4) The granting of rights is limited to the person of the individual User, unless a group subscription for a specifed number of work stations has been agreed upon. A use of the User Account by third parties is explicitly prohibited as well as a usage exceeding the agreed number of work stations.
§ 6 Accessory Obligations
(1) The User agrees to keep his personal User Account data secret. If the User has caused the illegitimate use of his personal User Account by intent or negligence, he is liable towards the Provider for any damage caused by this usage 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 appropriate legal costs.
§ 7 Protection of Privacy
(1) The Provider agrees to abide to 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 (Teledienstedatenschutzgesetz).
(2) As part of the contractual provision 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, post 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. That way it is ensured that every User in every session (upon each login) can re-apply his personal preferences. The Provider will 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) Upon request at any time the Provider will provide the User with 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 authorized proxies
In cases b) and c) the Provider is only liable to the amount of foreseeable damages.
(2) Additionally for contractors in terms of the German Civil Code (Bürgerliches Gesetzbuch, § 14 BGB) applies: Liability of the provider for loss of profit is excluded.
(3) The Provider may neither be made liable for incorrect data entered by Users nor for abuse of data about the User which the User has made available to third parties within Vesseltracker.
(4) 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.
(5) 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.
(6) 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 or collected by him, if their adoption is to be considered as a degree of fault in the sense of § 8 (1).
(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 profile 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.
§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. This shall apply for the changing of this clause as well.
(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 business man (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.