Subject of the Agreement
The Website provides information about current geographical positions of ships as well as other related information, whenever available, such as ships’ details, their destination, estimated time of arrival, photographs, port traffic statistics, weather conditions, points of interest, etc.
Information and Data for Internal use only
The User shall use the Information and Data for his/her own internal use only. Except as otherwise set forth herein, The User shall have no other rights with respect to the Data, including without limitation, any right otherwise to use, distribute, furnish or resell the Data or any portion or derivative thereof. The User may not use the Data for any illegal purpose or in any manner inconsistent with this agreement. Except as expressly permitted pursuant to this sublicense agreement, The User may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from the Data.
Duration of the Agreement
The Service provided through MarineTraffic on a Premium plan or API Service has the duration or credit referred to in that plan (the subscription period) or purchase according to the choice of the of credit details, User.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to MarineTraffic and third-party processing partners storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services following the instructions in the 'My Account' section. You also acknowledge that MarineTraffic's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
You acknowledge that a variety of MarineTraffic actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that MarineTraffic has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for MarineTraffic Premium Service and find that any such modifications or interruption of the Premium Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Premium Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, by extending the duration of your Premium Service subscription for a period of time equal to the interruption and/or by refunding a portion of your Premium Service subscription fee equal to the remaining unused term of the Premium Service subscription, as we determine appropriate.
By accepting this Agreement, the User acknowledges that the information and data that he gets access to, may be of significance to national or international authorities related to navigation or with respect to sovereignty rights of one state or organization that protects such rights. MarineTraffic preserves the right to cancel, reduce and/or inactivate, without previous notice, one or more accounts or geographical areas, that may fall into the scope of a national or international authorities' prohibition or restriction of access to that information and data. In such cases, no refund or compensation of any kind shall be born in favour of the User.
One account per user
We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate Accountts without notification. You must not duplicate content over multiple accounts or multiple duplicate updates on one account.
No signing in on more than one device is allowed at the same time with one account. Each user is allowed to sign in to his/her account on one (1) device/browser at a time.
The Data may be protected by copyright, trademark, international treaties and other proprietary rights and laws of European Union, the United States and other countries. The User agrees to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Data. Unauthorised use of the Data and the materials contained in the Data may violate applicable copyright, trademark or other intellectual property laws or other laws and shall be a breach of this sublicense agreement.
MarineTraffic is not liable for any unauthorised use of the Data. The User shall remain liable for all confidential or proprietary information disclosed by The User or its affiliates as a result of any unauthorised use of the Data. MarineTraffic may, without notice, choose to block User's access to the Data and Services if MarineTraffic has reason to believe that Data or Services are being used by an unauthorised person, in any manner inconsistent with the Terms or for other reasons deemed appropriate by MarineTraffic in its sole discretion.
Modifications of Service
The User acknowledges and agrees that nothing in this agreement constitutes an undertaking by MarineTraffic to provide the Information, Data or Services in its present form or under any specifications. MarineTraffic, in its sole and absolute discretion may from time to time make additions to, deletions from, modifications to, or change the format and features of the Information, Data or Services.
The User also acknowledges that MarineTraffic may be obliged to alter, modify or reduce the extend of Service provided through MarineTraffic.com, due to the implementation of constitutional, international or private restrictions on marine trafficking systems, data or agreements. If such restriction applies to the Service in a way that may affect or impair the Premium plans of MarineTraffic shall bear no responsibility and shall not be obliged to full or partial refund of any fee to the User.
To the fullest extent permitted by applicable law, none of MarineTraffic or any of its affiliates, their members, directors, officers, employees, agents, and contractors has made or shall be deemed to have made any representations or warranties whatsoever with respect to the information, data and services provided. The services, data and information provided by MarineTraffic, or any of its affiliates, their members, directors, officers, employees, agents, and contractors is provided on an "as is" basis, and MarineTraffic expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title and non-infringement. MarineTraffic does not warrant that the service will be uninterrupted or error-free, that defects will be corrected. MarineTraffic does not warrant or represent the use of the data in terms of its correctness, accuracy, reliability, or otherwise.
Reliance upon AIS Data
The User acknowledges and agrees that the AIS Data provided by MarineTraffic may be inaccurate or incomplete and are subject to error, delay or change. Reliance upon or use of such AIS Data shall be at User's risk.
The User acknowledges that in no event shall MarineTraffic or its affiliates be liable to it for any direct, special, incidental, indirect, punitive, consequential damages or any other damages of any kind (including, but not limited to, lost profits and damages that may result from the use of the Services or Data, any delay or interruption of service, or omissions or inaccuracies in the information) even if MarineTraffic or any other party have been advised of the possibility thereof.
MarineTraffic or its affiliates will not be liable or responsible in negligence or otherwise to any person not a party to this agreement for (i) any information, data or advice expressly or impliedly given by MarineTraffic or (ii) any act, omission or inaccuracy by MarineTraffic. Nothing in this sublicense agreement will be construed to create rights in favor of any person not a party to this sublicense agreement other than MarineTraffic which shall be an intended third party beneficiary of this sublicense agreement.
The User shall, at its expense, indemnify, defend, and hold MarineTraffic and its affiliates harmless from and against any and all claims, losses, liabilities, damages, actions, proceedings, costs, and expenses (including without limitation reasonable attorneys fees) arising out of or relating to the use of the Data by the User or its breach of this Agreement.
Breach of Agreement
The User acknowledges that any breach of this Agreement may cause irreparable harm to MarineTraffic and/or Company for which monetary damages may not be sufficient, and the User agrees that MarineTraffic and/or Company will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction.
If MarineTraffic is prevented or delayed in the performance of any of its services under this Agreement by force majeure, then MarineTraffic shall be excused from the performance or the punctual performance, as the case may be, as from the date of such force majeure occurs, for so long as such cause of prevention or delay shall continue. For the purpose of this Agreement, "force majeure" shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of MarineTraffic. Excuse from performance does not extend the duration of the provided Services to the User.
Applicable Law / Competent Courts
The present Agreement, as well as any modification or alteration on them are subject to European Law. All the above-mentioned terms are considered as essential. Should any of the terms become against the law, it becomes inactive and is removed from the present text without affecting in any way the validity of the other terms.
If any dispute or difference arises out of or in connection with this Agreement, it shall be resolved by the courts of United Kingdom, which shall have exclusive jurisdiction.