Terms of Use

In these Terms of Use:

1. “Content” means videos, data, text, photos, voyage data, vessel identifiers, computer device identifiers, graphics, sounds, audio, audiovisual combinations, interactive features and other content and materials;
2. “Intellectual Property Rights” means all present and future legal, ownership, title and other rights conferred by statute, common law, equity or any other law in relation to copyright, confidential information, patents, patent applications, trademarks, service marks, trade names, logos, brands, registered designs, unregistered designs, know how, trade secrets, business names, domain names, internet addresses, authorship, attribution, software (including code, modules, components and algorithms), circuit layouts, utility models, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and all and any other intellectual property rights, whether registered or unregistered, and including all rights to apply for such rights, all rights to claim priority from all applications or registration, and all amendments, supplementals, extensions, re issues, re-grants, continuations or continuations in part and divisions;
3. “Loss” means loss, liability, expense, damages or costs or any kind, including consequential or indirect loss and legal costs and expenses;
4. “Nebo Material” means all:
5. content, data, graphics, photographs, images, trademarks, trade names, material, operation manuals and other information Nebo Global includes in the Nebo Services or which is made accessible via the Nebo Services; and
6. software forming part of, or used in connection with, the Nebo Services including all software code, source code, object code, binary code, executable code, modules, components, dynamic link libraries, executable programs, architectural models, process models, object models, database schemas, accompanying or associated media, business rules, algorithms, configurations, backups, updates, service packs, patches and hot fixes; and
7. “Loss” means loss, liability, expense, damages or costs or any kind, including consequential or indirect loss and legal costs and expenses;
8. “Post” means post, submit, upload, display or otherwise make available using the Nebo Services or allow the Nebo Services to gather, collect, post or upload.

1. Other definitions are contained within these Terms of Use. This is indicated by the use of quotes “”.

Your use of the Nebo Services and your privacy rights

You must not Post any Content that:

1. is defamatory, libelous or malicious;
2. contains viruses, trojans or malicious code;
3. is illegal, misleading or deceptive, obscene, abusive, vulgar, offensive, indecent, objectionable, threatening, harmful, depicts nudity, sexual activity or violence, is unsuitable for children or that prevents other users from enjoying the Nebo Services;
4. infringes, or may infringe, on any Intellectual Property Right of any entity; or
5. infringes, or may infringe, on any property rights of a third party without first obtaining the consent of that third party.

You agree that Nebo Global may access and disclose your Content and information you have given to Nebo Global or collected by the Nebo Services if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to:

1. comply with the law;
2. enforce these Terms of Use;
3. respond to claims that any Content violates the rights of third parties;
4. respond to your requests for customer service; or
5. protect the rights, property or personal safety of Nebo Global and its customers.

Nebo Global’s Intellectual Property Rights and other rights

You must not do any of the following:

1. use or reproduce Nebo Global’s name or logo without the prior written permission of Nebo Global;
2. interfere with or disrupt the integrity, functionality or performance of the Nebo Services;
3. circumvent, alter or modify disabling mechanisms which may be resident in the Nebo Services or mechanisms that control access to use of the Nebo Services;
4. gain or attempt to gain unauthorised access to the Nebo Services or related systems or networks;
5. circumvent the Nebo Services structure, presentation or navigational function so as to obtain information Nebo Global has chosen not to make publically available through the Nebo App;
6. incorporate or use the Nebo Services in whole or in part in any other software, service or product;
7. access (or attempt to access) the Nebo Services or Content Posted on it through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
8. attempt to disguise the origin of any access (or attempted access) to the Nebo Services; and
9. use the Nebo Services for commercial gain by anyone.

Nebo Global’s liability

The Nebo Services are provided to you “as is” and without warranty as to suitability or fitness for purpose or with any implied warranties. Nebo Global does not warrant guarantee or make any representation:

1. that your use of the Nebo Services is legal;
2. as to the performance of the Nebo Services;
3. that the Nebo Services or any part of it will operate uninterrupted or are error-free;
4. that errors and defects in the Nebo Services will be corrected;
5. that geographical information in the Nebo Services is accurate, up to date and current; or
6. that the Nebo Services will be updated.

You acknowledge that:

1. Nebo Global cannot guarantee uninterrupted access to and use of the Nebo Services at all times;
2. the Nebo Services are not fault tolerant and are not designed or intended for use in connection with environments that require fail-safe performance; and
3. the Nebo Services should not be used for life saving purposes or for navigation purposes.

Nebo Global is not liable to you or anyone else for, and you release Nebo Global and all Nebo Global Officers, for all liability in respect of:

1. any Loss you suffer or incur associated with your use of the Nebo Services (including any data charges incurred by you);
2. loss of any Content;
3. errors or omissions in the Nebo Services, or linked sites on the Nebo Services;
4. delays to, interruptions of or cessation of the services provided in the Nebo Services, or linked sites;
5. defamatory, offensive or illegal conduct of any user of the Nebo Services, whether caused through the actions or omissions of Nebo Global or Nebo Global Officers, or through any other cause.

You agree to at all times indemnify and keep indemnified Nebo Global and each Nebo Global Officer from and against any Loss or liability incurred by Nebo Global or any Nebo Global Officer arising from any claim, demand, suit, action or proceeding by any person against Nebo Global or any Nebo Global Officer, where such Loss arises out of, in connection with or in respect of any of the following:

1. any Loss you suffer or incur associated with your use of the Nebo Services (including any data charges incurred by you);
2. a breach of these Terms of Use by you;
3. your use or misuse of the Nebo Services;
4. your boating activities; or
5. Posting or publication of or distribution of Content or information supplied by you.

Where you are entitled to a statutory right or term that Nebo Global is not able to exclude but Nebo Global is entitled to limit your remedy for a breach of that right or term, then Nebo Global’s liability for breach of that right or term is limited to (at Nebo Global’s election):

1. in the case of goods Nebo Global supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of doing so); or
2. in the case of services Nebo Global supplies, the supplying of the services again, or the payment of the cost of having the services supplied again.

Other