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Disclaimer

GENERAL

 1.1. HYDRO-NAUTICS.COMTM and its services as may be found or accessed from time to time at HYDRO-NAUTICS.COMTM, (including any sub-pages thereof) (the "URL"), in particular, various location based services, image, name and address search, retrieval and cross referencing services (the "Services") and its affiliated or otherwise associated websites.
1.2. Access to and use of the Services and/or the Sites and/or any part(s) thereof by any other party, user or such (hereinafter "You") are subject to the terms and conditions of this User Agreement (the "Terms") as well as applicable laws and regulations, including in particular but not limited to, laws and regulations (both common law as well as statute based) pertaining to copyright, trademarks.
1.3. By accessing and/or continuing to access the Services and/or the Sites and/or any part(s) thereof, you hereby accept, without limitation or qualification, all of the Terms herein as may be added to, subtracted from, varied or otherwise amended by us in its sole and absolute discretion, without prior notice, and from time to time (the "Amendments").
1.4. In particular, upon the use or continued use of the Services and/or the Sites and/or any part(s) thereof, you are taken to have agreed to any and all Amendments as may then be in existence. In respect thereof, you agree that these Terms serve to put you on notice and that it is incumbent upon you to ascertain the existence, nature and meaning of the Terms and any and/or all Amendments.
1.5. Save for references to our affiliates, the operation of any provisions of law (whether or not written) or equity pertaining to the conferment of third party rights, such as the Contracts (Rights of Third Parties) Act is hereby expressly excluded.
 
2. CONDITIONS OF USE
2.1. The Services and/or the Sites and/or any part(s) thereof may also include data, information, bulletin boards, classifieds, chat rooms, and other user and/or member and/or third party created pages whether or not interactive. In respect of any or all of the aforesaid:
2.1.1 You shall not at any time use the Services and/or the Sites and/or any part(s) thereof for or to effect any unlawful, abusive, defamatory, obscene, racist, anti-social or otherwise objectionable purpose(s) and/or act(s) or to give rise to any inference that the same has, or may have, been caused or will be caused.
2.1.2 Unless specifically authorized in writing by company and/or such third party rights holders as may from time to time exist, you are specifically prohibited from copying or reproducing in any form or manner, any of the images (in particular map images, us IPR as hereinafter defined, other pictures, graphics, signs, slogans, symbols), text, layout, format, script (such as HTML, Java or other script), and hyperlinks as may be found on the Services and/or the Sites and/or any part(s) thereof (the "Content").
 
For the avoidance of doubt you specifically agree and acknowledge that in the event you are found to have committed any proscribed act, breached any Term(s) herein or otherwise committed any act(s) of infringement in respect of the said Contents, you will be fully liable for the consequences of such acts which shall include inter alia, such sums in respect of lost licensing fees, any sums incurred or expended in tracking and tracing Your act(s) of infringement as aforementioned, or breach(es) of the Terms herein as well as reasonable legal fees.
 
2.1.3 You shall use your best efforts to preserve and protect the integrity of the Content and you shall forthwith notify us of any infringement, whether actual, apparent, real or perceived, whenever occurring or determined, of such Content and render all reasonable assistance to us in the enforcement of it rights and particularly upon request.
2.1.4 Any use of the Services and/or the Sites and/or any part(s) thereof shall at all times be strictly in the utmost of good faith. In particular, You shall not post or transmit or cause to be posted or transmitted material or data of any kind which may contravene this Clause 2, including the intent and/or purpose(s) thereof (as determined by us in its sole and absolute discretion), such material being material that encourages or may encourage a conduct that could constitute any criminal or otherwise unlawful, immoral or anti-social act and/or violate the rights of or cause distress to any third party (as determined by us in its sole and absolute discretion).
2.1.5 You agree that us and/or any party authorized by the same, may, in its sole and absolute discretion and from time to time without notice, view, monitor or review information (including any information, transmissions, data and/or postings, that may be exchanged or transmitted) via, and/or, effect amendments or changes to, the Sites, Services and/or any part(s) thereof including any user and/or member generated or controlled page(s). For the avoidance of doubt this shall include the right, in our sole and absolute discretion, to view, intercept, edit, refuse, or remove any material howsoever transmitted, submitted or posted in respect of or in connection with the Services and/or the Sites and/or any part(s) thereof including anything as may be found or accessed via any user and/or member generated or controlled page(s). In respect of us therefore, You are further taken to have waived any and all confidentiality vis-a-vis any data or information or the like that is or may be transmitted, by whatever means, persons or parties in whatever form or manner, whether directly or proximately, via the Services and/or the Sites and/or any part(s) thereof.
 
2.2. Your use of the Services and/or Sites and/or any part(s) thereof shall, unless specifically authorized in writing by us, whether or not subject to any terms and conditions (but which shall at all times be duly signed by us and You), and subject always to this Clause 2, be strictly limited to accessing the Services and/or Sites and/or any part(s) thereof via the URL to view the information posted therein. You may use the Services and/or Sites only in the manner intended by us and in any case in a reasonable manner. Where the Services so permit, you may input the requisite data in the fields designated for it and view such information as may be generated in response. The aforesaid shall be the extent to which your permission to use the Services and/or Sites and/or any part(s) thereof shall endure. Any such information as you maybe licensed to view under this Clause 2.2 shall not include any right to copy or make copies of the same. Any repeated viewing of any such information herein shall strictly be via a re-accessing of the Services and/or Sites and/or relevant part(s) thereof.
2.3. Hydro Nautics and/or other us product and/or service names, symbols, signs, slogans referenced herein may be trademarks, whether or not registered, of us. You shall use your best efforts to preserve and protect the integrity of the us IPR and You shall forthwith notify us of any infringement, whether actual, apparent, real or perceived, whenever occurring or determined, of such us IPR and render all reasonable assistance to us in the enforcement of it rights and particularly upon request.
2.4. Subject to this Clause 2, you may only hyperlink a website registered in your name to the homepage of the URL. Unless specifically authorized in writing by us and subject to such terms as us may then specify, You are specifically prohibited from effecting any such hyper linking that:
 
2.4.1 will or may have the effect of by-passing the homepage of the URL, thereby linking directly or otherwise to any page or sub-page or any part of the Services or Contents or item in respect of the same within the URL, that us intends to be accessed or is ordinarily accessible only via means such as through or in conjunction with the homepage of the URL and/or in respect of any linking to specific items comprising part of the Contents, in combination with any other Contents ("Deep-linking");
2.4.2 Reproduces on any website any of the Contents (in particular any trademarks or logos) other than the text contained in the URL;
For the avoidance of doubt, the provisions of Clause 2.1.2A herein shall similarly apply to any act(s) of Deep-linking.
 
2.5. The act of configuring or causing or permitting to be configured, any third party website (the "Other Site(s)") in such a manner that anyone may, whilst accessing the Other Site(s), at any time and from time to time, whether automatically or not, open a window to view the URL or the Contents, without the lawful use of any hyperlink under this Agreement thereby resulting in any of the Contents being viewed on the same page and/or alongside and/or in conjunction with any image, text, data or information or other thing from that or any Other Site(s) ("Framing"), is specifically prohibited. For the avoidance of doubt, the provisions of Clause 2.1.2A herein shall similarly apply to any act(s) of Framing.