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General Terms and Conditions

Preamble

The website www.my-sea.com and mySea iOS and Android apps (hereinafter mySea) is a service of Euminia AB, PO Box 24, D-88079 Kressbronn (hereinafter also referred to operator or service provider).

The service of mySea provides its users (hereinafter also: User) an internet based information platform of all kinds of nautical, location-based POIs (Points of Interests) available to the user via the Internet or web-enabled smartphone, computer or tablet. During the use of mobile mySea it is necessary that the user enables the service provider to access its location on the mobile device (self-localization). The user can get information contained in mySea POI, adding new POI comment, share POI, rate them or check there (the so-called 'check-in' means that the user is located on a mobile terminal itself and then reports its current location to others ). Furthermore, the user can create favorite lists, share with others and get in contact with other users of mySea network. The mySea platform is designed to enable users to structure and locate and network with other members. 

1.    Influence range, general

(1)    These Terms and Conditions shall apply to all users (hereinafter also: Terms of use) even if the user or access to the mySea offer comes from outside the Federal Republic of Germany. 
(2)    Other regulations of the user are hereby rejected.
(3)    Before the conclusion of the registration process, you will have the opportunity to read these Terms and save or print. After registration you will have the opportunity at any time to retrieve these Conditions online via the website www.my-sea.com.
(4)    The contract language is German. If terms and conditions or other contract-related statements should also be available in other languages, the German version shall prevail.

2.     Performance, contract conclusion

(1)    The use of the website www.my-sea.com is free. The first sentence of this paragraph does not in any way relieve the User of his service obligation towards a Third Party regarding the contract entered within the framework of the mySea berth booking system.
(2)    The operator reserves the right to make users at a later time also paid listings. Unless mySea offers the user the possibility to make use of paid services of mySea, the user is warned how to charge the power from its respective contract.
(3)    There is no entitlement to registration and use of all content of mySea. There is also no claim to the publication of articles. MySea reserves the right to decide on the publication's discretion.
(4)    The license agreement between the user and the Euminia GmbH on the use of mySea comes into being as follows:
(a)    Contract conclusion about the website: After clicking on the 'Register' link, the user must complete all required fields truthfully. Individuals register overview of the “private”, traders via the 'industrial'. When registering on third parties such as Facebook or Google Plus, the terms and conditions of the third party and our Privacy Policy apply. By sending the completed registration form, the user makes a binding offer for the use of mySea. With the acceptance of the first and the provision of services logins the Euminia GmbH accepts the offer.
(b)    Contract conclusion about the app: When you first start the app, the user has to register if it has not created a user account on the website. By sending the completed registration form, the user makes a binding offer, the use of mySea. With the acceptance of the first and the provision of services logins the Euminia GmbH accepts the offer. Euminia is entitled to store the ID of the user's smartphone.
(c)    Upon conclusion, the terms and conditions of Euminia GmbH apply in your current version.
(5)    Where services are offered through mySea and services from third-party condition any contracts concluded exclusively between the user and the third party come into existence. In this case, the Euminia GmbH is not party to these agreements and is neither entitled nor required. In case the User and Third Parties enter into a contract via the mySea berth booking system, Euminia is not party to and is neither entitled nor obliged to grant the contract between the Berth Provider and the mySea User.

For reasons of clarification, attention is to be drawn to the following:

a.    The Third Party is personally responsible for the input and accuracy of the price quotations.
b.    The User shall be informed that the Third Party may also include his own Terms and Conditions as well as collect and use the User's personal data.
c.    As a contracting party, each Third Party determines its own cancellation policy.
d.    Users are personally responsible for entering the correct boat data (length, width, draught) and that the condition of the boat complies with the generally accepted safety standards and aesthetic requirements. Non-observance of the first sentence entitles the Third Party to cancel the rental contract of the berth. The Third Party has the right to verify the boat data provided. The applies in particular to the “Overall Length” and “Overall Width” of the boat data.

(6)    The conclusion of the contract between the User and Third Party via the mySea berth booking system comes into effect as follows:
a.    In the case of a fixed booking option, the mySea User accepts the Third Party's offer as binding by clicking the “Book” button. The User shall pay the agreed amount and the Third Party shall keep the corresponding berth free up to the deadline he has personally determined.
b.    In the case of a fixed booking option regarding a berth belonging to a venue (restaurant jetty), the User accepts the Venue's offer as binding by clicking the “Book” button. The User shall pay the agreed amount and the Third Party shall keep the corresponding berth free up to the deadline he has personally determined as well as grant a complete or partial credit of the rent to the bill should the User visit the venue.
c.    In the case of the auction option, the User submits a legally binding offer by placing his maximum bid via the corresponding input screen and clicking on the button “Place Bid”. The Third Party shall accept the highest bid placed by a User when the auction has ended.
(7)    The payment of the amount that has been agreed upon in the contract shall be made via the payment service provider “Paymill” or a another payment service provider. Euminia has at no time access to any data transmitted (e.g. credit card data). The invoice will be issued by the third party.
(8)    To use mySea an Internet connection is required which can possibly lead to additional costs. Any costs incurred for Internet connections are to be borne by the users themselves and not part of this contract.
   
3.    Amendment to the Offer, amending the Terms and Conditions

(1)    We reserve the right, without notice or liability mySea the website or the functionalities of the mobile app to change at any time, update, or discontinue the Service temporarily or permanently.
(2)    We reserve the right to change these terms and conditions. In case of changes, the change is announced prior to the date on the website. The amended terms will be part of the contract, unless the user after notification in writing (letter, fax, mail) objection within four weeks. In case of contradiction mySea is entitled to terminate the contract and to delete the user account. With continued access to the website or the mobile apps, you agree to enforce these amendments.

4.    Registration, user account

(1)    To make full use of mySea a user account is required, which is applied at registration. The user can select a part of our user name guidelines (fantasy name). The user is always displayed on mySea with his user name. For the requirements for user name and Avatar please refer to our Guidelines. By agreeing to these conditions, the User also agrees to the guidelines.
(2)    The user is obliged to complete all fields provided in the registration form truthfully and correctly. We are entitled to check the identity of the user based for official documents. The user will submit copies of official documents - in particular the identity card - to the Euminia GmbH upon request.
(3)    Persons who are not at least 16 years old may not register to mySea.
(4)    Each user may register only once for the mySea network and confirm with its registration that he is not already a member of mySea and has not deleted a previously existing account.
(5)    Each user agrees to be found in the Find (user search) on criteria such as user name, gender, or nationality, as long as the user account in the appropriate settings in the user account is not a 'non-public' marked.

5.    Granting Usage Rights

(1)    The rights to the data and contents (texts, images, videos, etc.) that are submitted by users of mySea remain with the users. We need limited rights to this data and content to offer our services correctly. To ensure this, the users of the Euminia GmbH grant the transmitted data and content a complimentary license. Subject of the right of use is granted a temporally and spatially unlimited, non-exclusive, transferable, royalty-free right to reproduce data and content supplied by the user, distribute and make available to the public as well as to store the data and content (especially incorporated into a database and archive), and they provide for retrieval. Euminia GmbH has the right to translate the content and/or modify for purposes of formatting. For commercial accounts, the right to use the self-uploaded, logo or other proprietary itself highly charged, proprietary symbols is included. The users (business and private) were not named on his claim as any copyright of their contents. 
(2)    Assure the user that they have the necessary rights to all of them submitted and made available on mySea content and are entitled to transfer the rights to it to the extent referred to in paragraph 1 to the Euminia GmbH.
(3)    The operator has the right after its termination to continue to use set of user-submitted content. We will, however, after notice to remove the user name and the post those as anonymous. The posts themselves will not be changed.

6.    Rights, Obligations and Liability of the user

(1)    Users are required to provide current, complete and accurate information as prompted by the registration form when registering. By sending the registration, the user assures that all data provided by the User for registration is accurate, current and complete. A change of the personal data required for the registration of the user, will have the data immediately adapted in your User account.
(2)    The user is fully responsible for all activities and actions that are executed in the context of the user account.
(3)    Users may only adjust how will they be equipped with all rights to the delivered content
(4)    Users are also obliged:
•    Inform the Euminia GmbH immediately of any changes of the data provided in the registration process, or to correct them immediately, even in the user account
•    To keep the access data (login address and password) confidential and secure access to the account carefully,
•    Inform the Euminia GmbH immediately if there is a risk that unauthorized third parties have gained knowledge of the access and to cause the change of these data,
•    not to misuse the access to the offer and the services
•    Not to transmit any malicious software, unauthorized advertising, chain letters or other harassing messages,
•    Not to infringe any third party rights, in particular rights (e.g., copyright and trademark) and moral rights, and rights to privacy or other rights of ownership,
•    No foreign (business) secrets to reveal (e.g. publication of Wi-Fi passwords)
•    To publish false information,
•    Not to use any mechanisms, software or other scripts or programming routines in connection with the use of mySea which interfere with the operation of mySea,
•    Take any action that imposes an unreasonable and / or excessive use of mySea infrastructure and / or the website www.my-sea.com result (e.g. sending mass notifications or messages that 'crawl' the site to the purpose, mass data read)
•    not to leave our services without our prior express and written permission granted for a consideration to Third use,
•    By us to open at blocking the user account is not a new user account and to provide you with access to our services
•    Former mySea users whose user account is suspended or terminated by us, to enable the use of mySea.
(5)    Electronic attacks of any kind on the network or its users are prohibited. Electronic attacks are among others:
•    Applying and / or spreading of viruses, Trojans and worms;
•    Sending of unsolicited commercial messages (spam).
•    Sending bulk-wise notifications or messages
•    Any kind of hacking attempts, i.e. Attempts to overcome the security mechanisms of mySea network, overturn, to circumvent or otherwise to override
•    Brute-force attacks, DoS attacks,
•    All other measures, steps or procedures that cause discomfort to the network can mySea including all inserted to the operation of the network hardware and software.
(6)    The user has a variety of uses of mySea. However, the following actions and content are not permitted:
•    Violations of our Terms of Use or our Guidelines,
•    Trading in contributions or receiving of payments or other benefits for creating or deleting an Article,
•    Illegal and criminal activities in any form, as well as the violation of applicable law;
•    False or slanderous and abusive criticism posts,
•    Offensive, compromising end, inhuman, racist, vulgar, pornographic, violent or contrary to good morals posts and other content;
•    The representation or reproduction of drug use / abuse, radical interpretations of religious, political or ideological Art This includes the use of signs, symbols or expressions expressly;
•    To link to other websites or apps that infringe applicable law, harmful to minors, or otherwise have any illegal content.
•    Content that may be criminal or immoral acts;
•    Threats to other users, mySea employees or third parties;
•    Setting the content of an advertising nature as well as the use for commercial purposes outside of a commercial account;
•    Undertake anticompetitive actions or favor, including progressive users advertising (like Snowball, - chain or pyramid schemes);
(7)    Should the user violate obligations under these Terms and Conditions or he takes the prohibited under these Terms actions, the Euminia GmbH is entitled to take all necessary measures to eliminate the abuse, in particular to remove content without prior notice, to terminate your account and permanently terminate membership. In case of culpable breach of duty, the user shall be liable to the Euminia GmbH for damages.
(8)    User have the Euminia Ltd. of claims by third parties arising out of the violation of applicable law and / or these Terms and Conditions, including the costs of legal defense and / or prosecution also fully pre-litigation on first request.

7.    Liability of mySea
(1)    WARNING! The operator assumes no liability for the completeness and correctness of the information provided. All information on mySea is for information only and is not to be used for navigation purposes! All information on depth, width, height, weight, protection from the wind, opening times, payment options, availability of moorings etc. has been carefully researched. However, operator does not guarantee the accuracy or completeness of this and all other terms and is not liable for incorrect data.
(2)    Euminia GmbH and its employees and agents are liable for intent and gross negligence. For slight negligence is essential contractual obligations, which are the proper execution of the contract and when the contract is liable only to the typically foreseeable damage only in case of injury. The above limitations apply to both contractual and non-contractual claims. The liability for culpable injury to life, body or health as well as liability according to the Product Liability Act shall remain unaffected by the above limitation of liability.
(3)    Claims for damages against the Operator expire after one year of its formation. Except for claims based on intentional or illegal activity as well as claims under the Product Liability Act.
(4)    The Euminia GmbH technically cannot determine with absolute certainty whether a logged in user is actually the person they claim to be. We therefore make no warranty for the secure identity of a user. Each user has therefore own responsibility to convince them of the identity of another user.
(5)    The operator strives to ensure a high degree of availability and reliability. However, we cannot guarantee continuous availability. Due to maintenance work, technical malfunctions, unusually high claims by users or any other factors, it may cause failure of the system, which can lead to reduced performance. For scheduled longer maintenance or early known disorders of this operation will be known in advance to the mySea platform.
(6)    Euminia does not accept any liability if a contract between the User and a Third Party is not concluded via the mySea berth booking system, unless this occurs as a result of a technical error that lies in Euminia's area of responsibility.
(7)    The operator shall not be liable for any damages incurred due to a breach of the duties regulated in accordance with these Terms and Conditions by the user.

8.    Termination of license agreement, blocking and deletion of the user account

(1)    Users have the opportunity at any time without notice for any reason to terminate the free membership mySea in writing (letter, fax and mail) and to close your account automatically.
(2)    The operator is also entitled to properly terminate the contract in writing with a notice period of 14 days.
(3)    If a user culpably violates the Terms of Use greatly, the operator can terminate membership without notice.
(4)    Users have no claim that their published content will be deleted after the contract termination. It is removed to a user that the assignment of a contribution.

9.    Copyright

(1)    It is not permitted to download, store, distribute or publish and use the non-created content without the prior written consent of Euminia in any way whatsoever.
(2)    The name mySea, mySea logo and all content may not be used without prior written approval by the Board of Euminia GmbH.

10.    Applicable Law, Miscellaneous

(1)    All contractual relationships between the Euminia GmbH and the user are subject to the laws of the Federal Republic of Germany. The application of the UN Sales Convention (CISG) is excluded. When dealing with consumers (§ 13 BGB) within the European Union may also be applicable, the law of the domicile of the consumer, provided that it is mandatory consumer law.
(2)    If the customer is a merchant, legal entity under public law or public law special fund performance and exclusive and international jurisdiction for all disputes arising from the contractual relationship, directly or indirectly arising disputes our place of business, unless it is justified for the dispute an exclusive venue. The same applies if the user has no general jurisdiction in Germany or in another EU Member State.
(3)    Transfer of rights and obligations of the user from the contracts concluded with us to require our written consent.
(4)    If individual provisions of the contract does not become part of the contract or become invalid, the remaining contract remains in effect. Instead of ineffective clauses replaced by the statutory provisions.


Terms and conditions, version 1.1, as of 07 May 2015