| Terms of Service
The Open Shipping Market (OSM) website or
its Partners' (define Partners) website, as the case may be
(the "Site"), provides you with the online information
service ("Service") offered by OSM, through which
information may be used, subject to your compliance with the
terms and conditions set forth below.
These terms and conditions apply to all applicable
services offered by OSM. This Agreement and the OSM Privacy
Policy ("Privacy Policy") are legal agreements between
you and OSM regarding the use of any of the information you
download from the Site, including all programs, related documentation
and updates which may be periodically provided by OSM (collectively,
the "Software").
PLEASE READ CAREFULLY AND REVIEW ALL OF THE
TERMS, CONDITIONS, AND STATEMENTS MADE WITHIN THIS AGREEMENT
AND THROUGHOUT THIS SITE, BEFORE CONSENTING TO THIS AGREEMENT.
ONCE YOU REGISTER WITH OSM YOU ARE EXPRESSLY AGREEING TO BE
LEGALLY BOUND TO AND BECOME A PARTY TO THIS AGREEMENT AND
ANY OTHER TERMS CONTAINED THROUGHOUT THIS SITE. IF YOU DO
NOT AGREE TO ANY OR ALL OF THE TERMS OF THIS AGREEMENT, DO
NOT REGISTER FOR THE OSM SERVICE. If you do not wish to be
bound by these terms and conditions, you may not access or
use the Site, Software or Service.
OSM may modify this Agreement, including
but not limited to, its rates or any terms or conditions,
at any time by posting such modification on the Site and such
modification shall be deemed effective immediately upon posting
of the modified Agreement.
You agree to review this Agreement and Site
regularly as there may be modifications. Your continued access
or use of the Site, Software or Service shall be deemed your
acceptance of the modified Agreement. OSM may also make changes
to the Site, Software or Service at any time without notice.
OSM reserves the right to change or update information on
the Site without notice. All images, text, graphics, logos,
sound, programs and any other material found on the Site are
protected by United States, EU and international copyright
law and international treaties. Any reproduction or use of
such material by you is expressly prohibited. Elements of
the Site are protected by trade dress and other laws and may
not be copied or imitated in whole or in part.
GRANT OF LICENSE
After registering for OSM service, this Agreement
permits you the non-exclusive right to use the Software, Service
and the Site.
LICENSE RESTRICTIONS
The Software, Service and the Site are made
available solely for use by you in accordance with the terms
of this Agreement. You may not share, divulge or otherwise
distribute the user name and password that is associated with
your account with the intent to defraud or permit unauthorized
or fraudulent use of the OSM Service. Reselling the Service
is strictly forbidden. If such use is detected, OSM may suspend
or terminate your account without notice. As stated above,
no refund will be given. Should OSM, in its sole determination,
detect use of the OSM Service in a manner that is inconsistent
with the terms of this Agreement, OSM shall have the right
to terminate service to the account in question without notice,
and no refund will be given. This includes, but is not limited
to, the furnishing of false or misleading information by you
to OSM during registration for and/or subsequent use of the
Services, Software or Site contained herein. Any redistribution
or reproduction of the OSM source code not in accordance with
these terms is expressly prohibited by law, and may result
in civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
YOU MAY NOT COPY THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION.
OSM reserves all rights in the Services,
Software and Site not expressly granted herein, including
without limitation ownership and proprietary rights.
TRADEMARKS, COPYRIGHT AND THIRD PARTY MATERIALS
OSM shall retain all right, title
and interests in its trade names, logos, trademarks, service
marks, trade dress, copyrights, websites, domain names and
proprietary technology (collectively "Marks"), which
shall remain the exclusive property of OSM, and nothing
in this Agreement shall grant you the license to use such
Marks. All intellectual property rights in the Software, including,
but not limited to, all copyrights, technology secrets, audio,
images and text incorporated into the Software are owned by
OSM and/or its suppliers and are protected by United
States copyright laws and international treaty provisions.
OSM shall retain all rights in the Software and its
Marks, including, but not limited to, ownership and proprietary
rights. You may not reverse-engineer, decompile or disassemble
the Software in any way. The boundaries contained herein apply
equally without stipulation to any updates or new OSM
products that may be periodically provided to you by OSM.com.
THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
LINKS AVAILABLE ON THIS SITE MAY ENABLE YOU
TO LEAVE THE SITE. THE LINKED SITES CONTAIN OTHER TERMS AND
CONDITIONS, ARE NOT UNDER THE CONTROL OF OSM AND OSM
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR
ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. OSM IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY OSM OF THE SITE. OSM
cannot and does not guarantee or warrant that the Software
or other files available for downloading from the Site will
be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
You are responsible for taking precaution to ensure that whatever
you select for your use is free of viruses, worms, Trojan
horses and other items of a destructive nature.
OSM may offer you products and services
provided by third parties. These third party products and
services are provided to you only as a matter of convenience
and are not under the control of OSM. OSM
is not responsible or liable for the contents, quality, performance
or terms of use of any such third party products or services.
YOUR CONDUCT
You agree to use the Service, Software and
Site only for lawful purposes. You are prohibited from posting
on or transmitting through the Service and Site any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically
or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national,
or international law.
If OSM is notified of allegedly infringing,
defamatory, damaging, illegal or offensive content provided
by you, OSM may investigate the allegation and determine
in its sole discretion whether to remove or request the removal
of such content from the Service or Site. OSM may
disclose any content or electronic communication of any kind
(i) to satisfy any law, regulation, or government request
or (ii) to protect the rights or property of OSM and
its users.
OSM reserves the right to prohibit
conduct, communication or content that it deems in its sole
discretion to be harmful to individual users, OSM,
the communities that make up OSM, or any rights of
OSM or any third party, or to violate any applicable
law.
NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, OSM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT
WITH RESPECT TO THE SOFTWARE, SITE AND SERVICE AND ANY TRANSACTION
PERFORMED THROUGH THE SOFTWARE, SITE OR SERVICE OR ON THE
INTERNET GENERALLY. OSM cannot and does not guarantee
or warrant that the Software or other files available for
downloading from the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction
of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE, SOFTWARE AND SERVICE. ALL SERVICES
PROVIDED BY OSM ARE PROVIDED "AS IS". OSM
DOES NOT WARRANT THAT THE SITE, SOFTWARE OR SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL OPERATE
WITHOUT ANY PACKET LOSS OR INTERRUPTION, OR THAT ANY DEFECTS
IN THE SITE, SOFTWARE OR SERVICE WILL BE CORRECTED. OSM
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY OF
THE CALL OR ANY CONNECTION TO OR ANY TRANMISSION OVER THE
INTERNET. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE
RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY
THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, YOU ACKNOWLEDGE THAT OSM AND ITS SUPPLIERS OR
LICENSORS WILL NOT BE LIABLE FOR (1) ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
SITE OR SERVICE, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE
OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH, OR HYPERLINKED FROM, THE SITE. YOUR SOLE AND EXCLUSIVE
REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE
OF THIS SITE, SERVICE AND SOFTWARE. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold OSM,
its officers, directors, employees, agents, shareholders,
licensors, suppliers and any third party information providers
to the Site, Software or Service harmless from and against
all losses, expenses, damages and costs, including attorneys'
fees, resulting from any violation by you of the Agreement
or asserted by any third party due to or arising out of your
use of or conduct on the Site, Software or Service. The provisions
of this paragraph are for the benefit of OSM and its
officers, directors, employees, agents, shareholders, licensors
and suppliers to the Site, Software or Service. Each of these
individuals or entities shall have the right to assert and
enforce these provisions directly against you on its own behalf.
TERMINATION
OSM reserves the right to terminate
the Site, Software and/or Services offered by OSM
and/or your use of the Software, Service and Site at any time
without notice and for any or no reason. You may terminate
this Agreement at any time simply by ceasing to use the Software,
Site and Service; Termination may also occur as your membership
and/or account expire; however, the provisions of this Agreement
shall survive such termination. NO REFUNDS WILL BE GIVEN TO
YOU UNDER ANY CIRCUMSTANCES.
GENERAL
The Open Shipping Market Network and its subsidiaries have full rights to delete, edit, post, change. as well as any other action regarding offers , requirements , vessels cargo and any information posted , submitted , sent or not by any user with changing or not the origin as well as behalf of sender , recipient , or any other person , company and user . Further if we mention that some information seems to be of matter of treat, insult , i injury , affront , offence to any user , company , person , country , organization etc ,or have sign to be terrorist or criminal it will be deleted , user will be rejected and open shipping market network and its subsidiaries and employees will assist the representatives off the law in their efforts to take measurements against aforementioned actions , persons , organizations etc. In order to terminate its membership at Open Shipping Market Network the user must inform the Open Shipping Market Network support team in written form, one month in advance. All cargoes, vessels as well as any others offer, requirements and any information , posted in the Open Shipping Market seems to be true but wit ? out any guarantee , that's why the Open Shipping Market Network , its subsidiaries and employees can not take over any responsibility and accountability for any suits , claims and actions arising.
This Agreement is governed by the international
trading and marine, without reference to conflict of laws
principles. Any dispute between you and OSM regarding this
Agreement will be subject to the exclusive venue of the international
laws.
This Agreement is the entire agreement between
you and OSM and supersedes any other communications
or advertising with respect to the Software, Site, and Service.
If any provision of this Agreement is held invalid, the remainder
of this Agreement will continue in full force and effect.
OSM's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. OSM may
assign its rights and duties under this Agreement to any party
at any time without notice to you.
You are not permitted to share your email or any other mails by using internal message system the same complains for nick names or id for other message systems .All information considered like unfair competition will be deleted ad will appear inscription "please use internal message system" without informing the sender or any other part. You are agreeing to use internal message system only for carry out of negotiations but not for posting and distributing of cargo or vessels offers and requirements as well as for unsolicited promoting of any other services. For posting your cargo or vessels offers as well as for promoting any other services you are agree to use specially designed for that purpose sections in relevant markets.
Should you have any questions concerning
this Agreement, or if you desire to contact OSM for
any reason, please contact: support@OSM.com.
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