Your use of the products & services of Marine Ventures (“Marine Ventures”, “we”, or the “Company”) is subject to the following Terms of Service Agreement (“Agreement”)

YOU MUST READ AND AGREE TO THE AGREEMENT IF YOU ARE A USER OF MARINE VENTURE’S WEBSITES, APPLICATIONS, AND SERVICES (COLLECTIVELY AND INDIVIDUALLY, THE “SERVICES”).

BY ACCESSING, BROWSING, DOWNLOADING FROM OR USING MARINE VENTURES’S SERVICES OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).

 

Marine Ventures Services

• Marine Ventures services include its applications published on iTunes and Google Play, and any other products that are sold by Marine Ventures directly.

 

Scope of Use

• This license granted to you for the Services and Applications by Marine Ventures is limited to a revocable, non-exclusive, non-transferable license to use the Services solely upon the terms and conditions set forth is these Terms of Service. You may not rent, lease, lend, sell, redistribute or sublicense the Services and Applications. You may not copy (except as expressly permitted by the Terms of Usage), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services and Applications, any updates, or any part thereof. If you breach this restriction, you agree that your license will automatically terminate without the need for notice, and you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Marine Ventures that replace and/or supplement the original Services and Applications, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In addition to the automatic termination referenced above, this license may be terminated by Marine Ventures at any time upon notice to you and such termination shall be immediately effective. Upon any termination of this license, you shall cease all use of the Services and Applications and destroy all copies, full or partial, of any application included in the Services and Applications.

 

Privacy

• Marine Ventures does not collect any personal data as part of its Services and Applications.

 

Intellectual Property Rights

• Marine Ventures is the owner and retains all proprietary rights to the website, applications, the services provided by the website and applications, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Services and Applications only as specifically authorized by us.
• Marine Ventures’s trademarks and/or service marks may not be used: i) in connection with any product or service that is not provided by Marine Ventures; ii) in any manner that is likely to cause confusion among customers or users of the Services and Applications; iii) in any manner that tarnishes or dilutes the marks, or disparages or discredits Marine Ventures.
• Marine Ventures is the owner and retains all proprietary rights to any input, feedback, suggestions, ideas, improvements you provide to us regarding the Services or any of Marine Ventures’s products or technology.

 

Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SERVICES OR FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS OR (E) YOUR USE OF THE SERVICES WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

 

Limitation of Liability

IN NO EVENT SHALL MARINE VENTURES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF MARINE VENTURES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify and hold Marine Ventures, its subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity.

 

Termination

We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any of the Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

Miscellaneous

• Our Services are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of our Services are appropriate or available for use in any particular jurisdiction.
• The laws of the state of California, USA, will apply to all matters relating to these Terms of Service and the use of the Services, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court in San Diego, California USA or if that court lacks subject matter jurisdiction, to the Superior Court for the County of San Diego, State of California in San Diego, California USA.
• If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect.