Policy2018-05-28T17:02:54+00:00

Marine Life of the North Atlantic App Policy

Since animals in nature are free to roam, we can not guarantee you will find the animal that a user has posted on his/her dive record as observed at a site.

 

User Accounts: In order to access certain areas of the Marine Life of the North Atlantic app, you will create a user account and login (a “User Account“). You agree that all information which you provide through the Marine Life of the North Atlantic app in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. We are asking the minimum information to create and recover the users’ account. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party’s User Account without such party’s express written authorization.

Use of Content: The text, images, data, illustrations, files, audio and video clips, designs, documents and other materials and content (collectively, the “Content“) on the Marine Life of the North Atlantic app is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Site at any time in our sole discretion.

Subscriptions:

 

Billing Cycles are annual. Your Subscription will automatically renew 1 year from the day your subscription began. If Marine Life of the North Atlantic app changes the fees, the change will become effective only at the end of the then-current Billing Cycle. Marine Life of the North Atlantic app will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

 

Trademarks: Names, titles, trademarks, and logos (collectively, the “Trademarks”) displayed on the Trademarks: Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Marine Life of the North Atlantic app are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained in the Marine Life of the North Atlantic app should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Marine Life of the North Atlantic app without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited.

 

FTC Disclosure Policy: The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Marine Life of the North Atlantic app. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Marine Life of the North Atlantic app.

Links to Third Party Web Marine Life of the North Atlantic apps and Employee E-Mail Addresses: The Marine Life of the North Atlantic app may contain links to the third-party website. The linked sites are not under our control and we are not responsible for the contents of any linked web site. These links are provided as a matter of convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with linked sites.

 

Third Party Solicitations: Providing third parties with links to our Marine Life of the North Atlantic app is prohibited unless you obtain our prior written consent.

 

Non-Malicious Use: You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Marine Life of the North Atlantic app in a manner that sends more request messages to the Marine Life of the North Atlantic app’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.


Personal Information:
 Marine Life of the North Atlantic app may collect and store information (only username and password).

Marine Life of the North Atlantic app. collects only user’s information on profile screen:

  • username (required),
  • – email (required),
  • – first name (optional),
  • – last name (optional)


Marine Life of the North Atlantic app. does not use cookies to record user’s activity
.


How we use this information:
In general, we do not share personal information that is personally identifiable to you, except where we have your express permission or where required by law. We will not share your personal information with third parties for their marketing purposes.


User Submissions:
 You agree that any information you provide through our application will be truthful, accurate.


Law & Order:
 We may disclose any of your information (including Personal Information) to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Marine Life of the North Atlantic app or our users; or (d) protect our property rights.


Receiving E-mail:
 We may, from time to time, send you an e-mail about your User Account, or pricing changes. We may also send you an e-mail with general information or special offers about products and services that may be of interest to you. We promise not to abuse the privilege and keep email traffic to a minimum.


Termination:
 We reserve the right to suspend or terminate your use of our application in the event you violate any provision of these Terms and Conditions or if you use Marine Life of the North Atlantic services in a fraudulent manner.


Limited Access:
 From time to time, the Marine Life of the North Atlantic app may be inaccessible or inoperable for any reason, including equipment malfunctions, Marine Life of the North Atlantic app updates, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Marine Life of the North Atlantic app, the Content or access to reservations. We may conduct maintenance on any of the foregoing at any time with or without notice to you.

 

Release: You release Marine Life of the North Atlantic app and our manager(s), member(s), employees, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Marine Life of the North Atlantic app, your use of the Marine Life of the North Atlantic app, other users’ use of the Marine Life of the North Atlantic app and any dispute or defense you have or claim to have against us or one or more users of the Marine Life of the North Atlantic app.

 

Security: Transmissions over the Internet are never 100% secure or error-free. We take reasonable steps to protect your information (username and password) from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Marine Life of the North Atlantic app may use certain trusted third parties to help us provide, improve, protect, and promote our services. These third parties will access your information only to perform tasks on our behalf and in compliance with these Terms and Conditions.

 

WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE APPLICATION ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE MARINE LIFE OF THE NORTH ATLANTIC OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. MARINE LIFE OF THE NORTH ATLANTIC MAKES NO WARRANTIES THAT THE CONTENT ON THE MARINE LIFE OF THE NORTH

LIMITATION OF LIABILITY: MARINE LIFE OF THE NORTH ATLANTIC, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF MARINE LIFE OF THE NORTH ATLANTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE MARINE LIFE OF THE NORTH ATLANTIC APP OR THE CONTENT OR MARKETING SERVICES PROVIDED ON OR RECEIVED FROM THE MARINE LIFE OF THE NORTH ATLANTIC APP. PLEASE NOTE THAT YOUR USE OF THE MARINE LIFE OF THE NORTH ATLANTIC APP IS AT YOUR SOLE RISK.

 

ATLANTIC APP IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE MARINE LIFE OF THE NORTH ATLANTIC APP ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. MARINE LIFE OF THE NORTH ATLANTIC DOES NOT WARRANT THAT THE MARINE LIFE OF THE NORTH ATLANTIC APP WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

GENERAL DISCLAIMERS: MARINE LIFE OF THE NORTH ATLANTIC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE MARINE LIFE OF THE NORTH ATLANTIC APP, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE MARINE LIFE OF THE NORTH ATLANTIC APP OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE MARINE LIFE OF THE NORTH ATLANTIC APP, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

 

Indemnity: You agree to indemnify and hold Marine Life of the North Atlantic app, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use of the Marine Life of the North Atlantic app; (ii) your breach of these Terms and Conditions; (iii) your breach of any Licensor Terms and Conditions; or (iv) your violation of any third party right.


Release:
 You release Marine Life of the North Atlantic app and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Marine Life of the North Atlantic app, your use of the Marine Life of the North Atlantic app, other users’ use of the Marine Life of the North Atlantic app and any dispute or defense you have or claim to have against us or one or more users of the Marine Life of the North Atlantic app.


Reservation of Rights:
 We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the Marine Life of the North Atlantic app or in these Terms and Conditions grants any right or license to use any property of any third party.


Contact Information:
 If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Marine Life of the North Atlantic app, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact: mlnatheapp@gmail.com


Severance and Waiver:
 You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.


Venue and Choice of Law:
 These Terms and Conditions are governed by the laws of the State of Massachusetts, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions or the Marine Life of the North Atlantic app shall be brought in a federal or state court located in Middlesex, Massachusetts, and you hereby waive any objection to the exclusive jurisdiction of such courts.


Entire Agreement:
 You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Marine Life of the North Atlantic app. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Marine Life of the North Atlantic app.


FTC Disclosure Policy:
 The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Marine Life of the North Atlantic app. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Marine Life of the North Atlantic app.

Links to Third Party Web and Employee E-Mail Addresses: The Marine Life of the North Atlantic app may contain links to third party web. The linked sites to Marine Life of the North Atlantic apps are not under our control and we are not responsible for the contents of any linked sites to Marine Life of the North Atlantic app These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked.


Third Party Solicitations:
Providing third parties with links to our Marine Life of the North Atlantic app is prohibited unless you obtain our prior written consent.


Non-Malicious Use:
 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Marine Life of the North Atlantic app in a manner that sends more request messages to the Marine Life of the North Atlantic app’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.


Personal Information:
 Marine Life of the North Atlantic app may collect and store information (only username and password).


How we use this information:
In general, we do not share personal information that is personally identifiable to you, except where we have your express permission or where required by law. We will not share your personal information with third parties for their marketing purposes.


User Submissions:
 You agree that any information you provide through our application will be truthful and accurate. Thank you