GeoGarage Online Services Terms of Services
for W4D users
The purpose of this subscription to the GeoGarage cloud-based nautical charts streaming platform (the “nautical chart SERVICES provider”), owned and operated by Magic Instinct Software (“MIS”), located in Nantes (France), is to provide nautical map publishing products and services via its Licensee W4D mobile app. By using the GeoGarage platform services or any services provided by the GeoGarage (collectively, “Services”) with W4D, you acknowledge that you have read, understood, and agree to be bound by the following terms of services and any future modifications to this agreement (collectively, the “Terms”). If at any time you do not agree to all these Terms, please immediately terminate your use of the Services. You, on your own behalf and on behalf of your company, acknowledge that these Terms are binding and enforceable on you and your company (collectively, “You” or “Subscriber”).
You must have a W4D account to use GeoGarage. You are required to register for an account before using the Services. Each request to the GeoGarage must include your account’s unique customer identifier. Unauthorized use of any customer identifier is prohibited.
Your account grants you permission to use the Services inside the W4D mobile application, its Licensee. You must adhere to all policies posted within the Services and all accompanying documentation. All such policies are hereby incorporated by reference into these Terms.
Proxying or redistributing maps served from GeoGarage platform is prohibited. Maps may be cached on consumer devices (laptops, smartphones, tablets) for offline use, however, each device must populate its cache using direct requests to GeoGarage and content from a cache may only be consumed by a single end-user. Further redistribution from a cache is prohibited. Scraping or any mass download by a single user for purposes other than offline caching is prohibited.
As a condition of your use of the Services, you warrant to GeoGarage that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services site to:
(i) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
(ii) disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
(iii) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
(iv) export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
(v) interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network;
(vi) disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program;
(vii) or engage in any other activity deemed by GeoGarage to be in conflict with the spirit or intent of these Terms.
You agree to indemnify and hold harmless GeoGarage and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Services, your use of the Services, your violation of these Terms, or your violation of any rights of another.
The Services allow you to access and view a variety of content, including but not limited to nautical charts, and other related information provided by GeoGarage and its licensees. You understand and agree to the following with respect to all content made available by or through the Site:
- You understand that map data and related content are provided for planning purposes only (not to be used as a primary tool for navigation)
- You may find that events may cause the actual information to differ from the map results.
- You should exercise judgment in your use of all content made available by or through the Services.
- Certain content is provided under license from third parties (international Hydrographic Offices), and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized copying or disclosure of this content. You understand that when using the Services you will be exposed to user submissions and other third party content from a variety of sources (“Non-GeoGarage Content”), and that you may be exposed to Non-GeoGarage Content that is inaccurate, offensive, indecent, or otherwise objectionable. GeoGarage does not endorse any Non-GeoGarage Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will GeoGarage be liable in any way for or in connection with the Non-GeoGarage Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Non- GeoGarage Content, any intellectual property infringement with regard to any Non-GeoGarage Content, or for any loss or damage of any kind incurred as a result of the use of any Non-GeoGarage Content posted, emailed, or otherwise displayed or transmitted through the Site.
GeoGarage reserves all rights not expressly granted to you. The use of the Services, including its maps, and other content, is licensed only to you and may not be transferred to anyone without the prior written consent of GeoGarage. Any authorized transferee shall agree in writing to be bound by the terms and conditions of these Terms. In no event may you copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of the GeoGarage Services maps, or other content on a temporary or permanent basis except as expressly provided herein. These Terms shall benefit GeoGarage and its successors and assigns. You may not, or permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Site’s software. All logos and product names appearing on or in connection with the Site are proprietary to GeoGarage or its licensees and/or suppliers. You agree never to remove any proprietary notices or product identification labels from the Services maps, and other content, if applicable. The limited license granted above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed materials from the Services, including maps, and other content.
Tracing and Derivative Data
GeoGarage and its original chart material providers (international Hydrographic Offices) don’t allow to tracing nautical raster charts to produce derivative vector datasets for non-commercial or commercial purposes.
About these terms
GeoGarage reserves the right, at its sole discretion, to modify, add, or delete portions of or otherwise change these Terms at any time without notice to you by posting the changed Terms of the Services. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
If any term in this agreement is not enforceable for any reason, other terms will not be affected.
Headings are for convenience only and have no legal or contractual effect.
Charges and payment
Some of the Services require payment of fees. You agree that the Licensee (Weather4D) shall be permitted to charge your credit card on an ongoing basis in advance of providing its services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of GeoGarage Services. The subscription fee is billed in full on the first day of each yearly billing period, unless and until you cancel your subscription.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
You may cancel at any time. There is no required length of time associated with using GeoGarage Services, but we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle.
We reserve the right to change our fees, but will notify you in advance of increases.
Account Cancellation or Suspension of the subscription
GeoGarage may cancel or suspend your access to GeoGarage services for any reason by providing you thirty days advance notice. Upon cancellation or suspension, your right to use the services will stop immediately. You may not have access to the chart data that you stored on the services after we suspend or terminate the services. If we cancel your services in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your services remaining right before we terminated your services.
On your side, you may cancel at any time. As soon as you cancel the services your right to use it stops at the end of your yearly subscription. You may not have access to the chart data that you stored from the services at the end of your yearly subscription. Cancellation of these by you will not alter your obligations to pay all charges due to GeoGarage at the time of cancellation.
- Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT THE TERM GEOGARAGE INCLUDES MAGIC INSTINCT SOFTWARE AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS OF MAGIC INSTINCT SOFTWARE
- “As Is,"As Available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GEOGARAGE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEOGARAGE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Website Operation and Non-GeoGarage Content. GEOGARAGE DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- Accuracy. GEOGARAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SERVICES REFERRED TO ON OR BY THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SERVICES, MAPS, OR CONTENT THROUGH THE SERVICES OR ANY THIRD PARTY SERVICES REFERRED TO ON OR BY THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
- Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Limitation of Liability and Damages
- Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GEOGARAGE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SERVICES, MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SERVICES, EVEN IF GEOGARAGE OR A GEOGARAGE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- • Limitation of Damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF GEOGARAGE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID IN THE PRECEDING TWELVE (12) MONTHS.
- • Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN GEOGARAGE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.
- • Claim Period. YOU AND GEOGARAGE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO GEOGARAGE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms shall be governed by and construed in accordance with the laws of France without giving effect to any principles of conflicts of law. You agree that any action at law or inequity arising out of or relating to these Terms or GeoGarage shall be filed only in Nantes City and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purposes of litigating any such action. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of GeoGarage to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GeoGarage as a result of these Terms or use of GeoGarage. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and GeoGarage other than pursuant to these Terms.
GeoGarage online services are provides by :
Magic Instinct Software (M.I.S.), immeuble Hub Creatic, 6 rue Rose Dieng-Kuntz, 44300 Nantes
T : +33 953 05 72 44 / F : +33 958 05 72 44 / E : firstname.lastname@example.org