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Terms and conditions

TERMS AND CONDITIONS OF USE

Welcome to Port Overview. Prior to use, of the site, its important to understand how we work, as well as the limitations associated with the use of services and/or information on our site. 1. Use of the Port Overview website http://www.portoverview.com


1.1.
This Website is made available to You by SeaIntel Maritime Analysis ApS (“SeaIntel Maritime Analysis ”), with registered office and domicilium address at Vermlandsgade 51, 2. sal, 2300 Copenhagen S, Denmark, VAT numberDK 3338 3487 and email info@portoverview.com . Port Overview is the brand and trading name used by SeaIntel Maritime Analysis in providing services on www.portoverview.com as well as for the provision of the website itself. Reference to Port Overview is thus a reference to the legal entity of SeaIntel Maritime Analysis.

1.2.
The Website address of this Website is www.portoverview.com. Mobile Applications may not allow access to all functionalities Port Overview is offering on its Website. Port Overview may at its discretion decide which functionalities will (not) be available on the Website when accessing via a Mobile Application. Notwithstanding the foregoing, these Terms and Conditions of Use will be applicable to the access and use of the Website via Mobile Applications in the same manner as they would apply to the access and use via non-Mobile Applications.

1.3.
Your access to and use of this Website is subject to these Terms and Conditions of Use effective as from 1 September 2012 (“Effective Date”). By accessing and browsing this Website or viewing, downloading, generating, receiving, transmitting or using any data, information, material, text, images, video, audio or messages to or from this Website (“Content”) or otherwise requesting or receiving any services or facilities via the Website (“Services”), You accept, without limitation or qualification, and agree to be bound by these Terms and Conditions of Use, as may be amended from time to time by Port Overview without prior notice, and by any other directions or instructions contained in this Website

1.4.
You may use this Website and the Content and Services available via the Website only for the purposes reasonably anticipated on this Website or as otherwise might reasonably be expected in the course of Your relationship with Port Overview and in accordance with any procedures from time to time in force on the Website. You may not access any areas of the Website to which access is indicated to be restricted unless You have obtained appropriate authorisation and any relevant access device from Port Overview. You may not (1) use or permit any other party to use all or any part of the Website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content, requirements or codes; (2) post to or transmit through the Website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent; (3) use the Website for the purpose of or as a means to send ‘flame’ or ‘spam’ e-mails.

2. DEFINITIONS



2.1.
For the purposes of these Terms and Conditions of Use :

2.1.1.
“Communication” has been assigned the meaning as laid down in clause 7.1 of these Terms and Conditions of Use;

2.1.2.
“Content” has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;

2.1.3.
"Data Field" means the information required to be provided by You in order to register, to consult the Website or to enjoy the Protected Services;
2.1.4.
“Effective Date” has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;

2.1.5.
“General Content” means any information, data, text, images, video or audio or any other materials available from Port Overview via this Website but not generated on or posted to the Protected Area or Protected Services;
2.1.6.
"Individual User" means the natural person(s) identified in the “first name” and “last name “ Data Fields in the registered user application form;

2.1.7.
“Intellectual Property Rights” has been assigned the meaning as laid down in clause 3.1 of these Terms and Conditions of Use;
2.1.8.
“Personal Information” has been assigned the meaning as laid down in clause 13.8 of these Terms and Conditions of Use;

2.1.9.
“Protected Area” means the secured areas of the Website

2.1.10.
“Protected Content” means any information, data, text, images, video or audio or any other materials available from Port Overview via or generated on or posted to the Protected Area or Protected Services;

2.1.11.
“Protected Services” means any services or facilities requested, made available or received via the Protected Area;

2.1.12.
"Registered User(s)" means the entity or person identified in the "Company" Data Field of the registered user application form;

2.1.13.
“Relevant Third Parties” has been assigned the meaning as laid down in clause 8 of these Terms and Conditions of Use;

2.1.14
“Port Overview” means the brand and trading name as identified in clause 1.1 of these Terms and Conditions of Use

2.1.15
“Services” has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;

2.1.16
"Terms and Conditions of Use” means these terms and conditions of use;

2.1.17.
“User Materials” has been assigned the meaning as laid down in clause 3.3 of these Terms and Conditions of Use;

2.1.18.
"Website" means this website at www.portoverview.com;

2.1.19.
"You”, “Your” and “Yourself" means any person accessing this Website and includes the Registered and Individual Users.

2.1.20
“Subscription Period” means the period for which the Registered User or Individual User has obtained the agreement of SeaIntel Maritime Analysis to provide or make any particular Content and/or Services available to Users (provided that such period has not been terminated under any other provision of the Terms) and Subscription has a corresponding meaning. Unless SeaIntel Maritime Analysis Port agrees otherwise, a Subscription Period begins only when full payment has been received by SeaIntel Maritime Analysis

3. INTELLECTUAL PROPERTY RIGHTS



3.1.
Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trade marks, logos, branding appearing on the Website and all Content, or otherwise relating to the structure of the Website and the Services offered by Port Overview via the Website, vest in the legal owners of the product and brand Port Overview or its licensors.

3.2.
You (1) may not, unless with SeaIntel Maritime Analysis prior agreement, replicate in any way any Content appearing on the Website; (2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any other party than Port Overview or SeaIntel Maritime Analysis; (3) may not present misleading or false information about Port Overview, its Services or Content; (4) may not misrepresent Port Overview ’s relationship with the linking user (or any third party); (5) may not create any implication or inference that Port Overview endorses the linking user or its services (or any third party); (6) may not use or reproduce the Port Overview logo, trade marks or name;(7) may not contain or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, pornographic, or inappropriate in any other way; (8) may not contain materials, content or anything else that might violate any laws of any jurisdiction; (9) must clearly indicate that the Website is operated by Port Overview and is not controlled by or otherwise associated or connected with the linked website, and that Port Overview’ s Terms and Conditions of Use apply in relation to any use of Port Overview ’s Website.

3.3.
You shall procure the waiver of any moral rights in any information, data or other content or materials posted by You to the Website (“User Materials”), always subject to the provisions of clause 17. You hereby irrevocably authorise Port Overview and its licensees to use any of User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense Your Materials) anywhere in the world any such User Materials. You agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.

3.4
Port Overview and SeaIntel Maritime Analysis does not warrant or represent that Your or any other party’s use of the Content or the Services available via the Website will not infringe rights of third parties.

3.5.
The ownership of any Intellectual Property Rights created in any way as a result of operating this Website shall vest in the owners of Port Overview.

4. HYPERLINKED WEBSITES AND LINKING



4.1.
Port Overview and SeaIntel Maritime Analysis makes no warranty or representation regarding any other website which may be accessed through or via this Website. Any other website accessed may be independent from Port Overview and Port Overview or SeaIntel Maritime Analysishas no control over the content of that website. In addition, the link to any other website does not mean that Port Overview endorses or accepts any responsibility for the content or the use of such website. It is up to You to take precautions to ensure that whatever You select is free of viruses and other items of a destructive nature.

4.2.
Any third party website may link to this Website provided that such a link is directed at the homepage of this Website. It is expressly prohibited for any person to link to any page other than the homepage of this Website, without the prior written approval of SeaIntel Maritime Analysis. In no event, You may place hyperlinks to any area within the Protected Area.

4.3.
You must immediately on request remove any link placed on or to any area of this Website. You shall not permit any third party aggregator of information to access or retrieve information from this Website on Your behalf.

4.4.
You may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the Website as these could endanger, compromise or hamper the stability and operation of the Website or infringe rights in or relating to the Website or any materials appearing on it.

5. AUTHORISATION TO ACCESS PROTECTED AREA/USE PROTECTED SERVICES



5.1.
Access to Protected Area and the use of the Protected Services of this Website is restricted to Registered and Individual Users only. Unauthorised individuals attempting to access the Protected Area or use the Protected Services of this Website will be subject to prosecution.

5.2.
In order to use the Protected Area of this Website, you must register by providing Port Overview with the information prescribed in the Data Fields of the registration application form. If You are a company, close corporation or legal persona other than a natural person, You must complete the “Company” Data Field, nominate a natural person(s) as Individual User(s) and provide Port Overview with that person(s) details as required in the “first name” and “last name” Data Fields of the registration application form. The Registered User agrees to access and use the Protected Area and Protected Services only via an Individual User using an email username and password.

5.3.
The Individual User(s) shall and the Registered User shall ensure that the Individual User(s):

5.3.1.
Only use the email username and password to access the Protected Area and use the Protected Contents and Protected Services on behalf of the Registered User;

5.3.2.
Observe these Terms and Conditions of Use and only access the Protected Area and use the Protected Content and Protected Services in accordance with the restrictions and conditions set out in these Terms and Conditions of Use and with any procedures from time to time in force on the Website.

5.4.
Registered and Individual Users are responsible for the safekeeping of the email username and password issued to them and shall not tamper with them. You are solely responsible for maintaining the secrecy of Your passwords or any other personal information. Please be careful and responsible whenever you are on-line. If You post personal information on-line that is accessible to the public, You may receive unsolicited messages from other parties in return. Whilst we have taken all reasonable steps to ensure that the information you provide will be kept secure from unauthorised access, the internet is not a secure environment. Port Overview and SeaIntel Maritime Analysis cannot therefore ensure or warrant the security of any information You transmit to us and You do so at your own risk.

5.5.
If any of the Individual Users ceases to be authorised by the Registered User to use this Website on behalf of the Registered User, the Registered User shall:

5.5.1.
Immediately notify Port Overview in writing;

5.5.2.
Ensure that the relevant Individual User ceases to use the relevant email username and password issued to him and any part of the Protected Services or Protected Content;

5.5.3.
Destroy or delete all copies of the relevant email username and password and any accompanying documentation supplied in relation to the use of that in email username and password whatsoever form in its possession or control.

5.5.4.
Port Overview is not liable for any delay or loss caused by the misuse or misapplication of an email username or password.

5.5.5.
A Registered User may be unable to access or use any Protected Services unless the Registered User installs/implements and maintains appropriate communication facilities (including software and hardware meeting the minimum requirements from time to time notified by Port Overview at www.Port Overview.com or otherwise). However, Port Overview does not warrant that the Registered or Individual User’s local set-up ensures access or operation. The Registered User shall ensure that any party using such Protected Services on its behalf obtains any consents and/or licences required by law for such use.

6. SECURITY


6.1.
You agree to comply with any reasonable instructions Port Overview may issue regarding the Website’s security. The Registered User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its and individual Users’ access to and use of the Protected Area, Protected Services and Protected Content and information stored on the Registered User’s and its Individual Users’ computer systems.

6.1.
Both You and Port Overview each shall take all reasonable precautions to ensure that communications through the Website and its own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Port Overview or the Website.

6.2.
You must ensure that You do not do anything during and after any access to or use of the Website, the Content or Services which might result in the security of the Website, or the systems or security of Port Overview or of associated or affiliated companies or any other users of the Website or any customers of Port Overview, being compromised.

6.3.
Port Overview utilises cryptography products in an effort to ensure the authenticity and integrity of data transmitted between the Individual User and the Website. The Registered User confirms that the level of security provided by Port overview is adequate to protect its interests

6.4.
Within the boundaries of applicable national and international legislation, the Individual User and the Registered User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party software, data, tools or facilities made available to them in connection with the Protected Area or the Protected Services.

6.5
The individual User and the Registered User must notify Port Overview as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the Protected Area or any unauthorised transaction or attempt to execute an unauthorized transaction in connection with the Protected Area or the Protected Services, or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Protected Area.

7. COMMUNICATIONS

7.1.
Port Overview or its agents may treat any apparently valid communication, instruction or notification in the form received by Port Overview apparently from Individual Users ("Communication") as properly authorized by and legally binding upon the Registered User, even if in fact no such authority was given or if any Communication it receives was fraudulent or conflicts or appears to conflict with other instructions of the Registered User. Port Overview and its agents shall be under no further obligation to check the authenticity of the Communication or the authority of the Individual User transmitting it.

7.2.
Where Port Overview or its agents have reason to believe that a Communication which either of them receives has not been properly authorised or that any breach of security or of these Terms and Conditions of Use has occurred, Port Overview and its agents reserve the right at their sole discretion not to act, or to delay acting upon the Communication.

7.3.
The Registered User is responsible for the accuracy and completeness of Communications received by Port Overview or its agents and for ensuring that they achieve the Registered User's intended purpose and that they are transmitted correctly to Port Overview or its agents. Port Overview and its agents are not liable for any delay or loss where the contents of a Communication they receive are inaccurate, incomplete or where a Communication is not received by them.

7.4.
If the Registered User for whatever reason requests the cancellation or modification of a Communication, which Port Overview or his agents have received, Port Overview will make reasonable endeavours to comply with the request. However, Port Overview and its agents are not liable for any failure to cancel or modify such a Communication if such a request is received at a time or under circumstances that render it unreasonable to comply with the request.

7.5.
In case of dispute relating to a Communication carried out by an Individual User, Port Overview undertakes to provide proof that the Communication was recorded and posted correctly and was not affected by a technical incident or other fault. For all Communications, this evidence will be given by providing an excerpt of the log files or audit trails established by Port Overview ’s computer systems or third party systems used by Port Overview. Port Overview and You recognise that these log files and these audit trails have evidential value. The contents of these log files and these audit trails can be copied onto paper, microfiche or microfilm, magnetic or optical disc, or onto any other data medium. As far as Port Overview and You are concerned, this copy will have the same evidential value as an original document.

8. AGENCY


8.1.
If any Communication received by Port Overview or its agents requires them to deal for the benefit of the Registered User or on its behalf with a third party, the Registered User appoints them to do so as its agent. The Registered User shall indemnify and hold harmless Port Overview, its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim), and all legal costs or other expenses, suffered by them as a result of, arising out of or otherwise relating to their activities as the Registered User's agent in accordance with these Terms and Conditions of Use, unless caused by Port Overview ’s gross negligence and/or wilful misconduct.

8.2.
Where Port Overview or its agents pass Communications they receive to a third party or otherwise deal with a third party for the benefit of the Registered User or on its behalf, Port Overview and its agents are not responsible for any delay or failure by the third party in processing the Communication.

9.WARRANTIES


9.1.
Port Overview will use reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of Port Overview ‘s record held on Port Overview ‘s computer systems or (2) information received from a party other than Port Overview. Port Overview does not warrant that the Content is accurate, sufficient, error free, complete or up-to-date at the time it is accessed. You should make further enquiries to satisfy Yourself of the accuracy and completeness of any Content before relying on it. Content may be labelled as indicative only, in which case Port Overview makes no warranties at all in relation to its quality, accuracy, completeness or timeliness. Port Overview undertakes all commercially reasonable efforts to avoid that due to computer defects or human errors, erroneous information is published on the Website, including the Protected Area. Parties acknowledge, however, that the occurrence of such errors cannot be entirely excluded.

9.2.
You are responsible for the accuracy and completeness of any User Materials. You warrant that You shall immediately inform Port Overview when User Materials posted by You to the Website are no longer accurate and/or complete. You shall ensure the User Materials do not infringe any Intellectual Property Right or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. You shall indemnify and hold harmless Port Overview and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Port Overview to compromise or settle a claim) and all legal costs or other expenses, suffered by Port Overview or its affiliates and associates as a result of any actual or potential breach by You of Your obligations under this clause 9.

9.3.
Port Overview shall use reasonable endeavours to make the Protected Services available to the Registered User via the Protected Area and to ensure that the Protected Services operate in substantial conformity with their description in these Terms and Conditions of Use and any description appearing in the Protected Area. Except as set out above, Port Overview shall have no liability for breach of any implied warranty or term that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the Website or any Content or Service.

10. AVAILABILITY FOR USE, DENIAL OF ACCESS, ALTERATION, SUSPENSION AND TERMINATION



10.1.
This Website may not be available for use at all times.

10.2.
Port Overview may at any time alter, suspend or terminate the operation of this Website.

10.3.
Port Overview may also change and update any Content without prior notice and make improvements and/or changes in the Services at any time without prior notice.

10.4.
Port Overview may at its sole discretion immediately and without notification wholly or partially deny the Registered User and/or any Individual User(s) access to the Protected Area and/or the Website if such Registered or Individual User, as relevant, does not comply with any obligation arising from the Terms and Conditions of Use or has adopted any form of unacceptable conduct or threatened misconduct in connection with the use of the Website. Following such denial of access, Port Overview will notify such Registered User and/or such Individual User of the reasons of the denial of access. Username(s) and password(s) issued to the Registered and Individual User(s), as applicable, will be suspended.

10.5.
Port Overview, at its sole and absolute discretion, may decide to grant new access rights to the Registered or Individual User.

10.6.
In the event that the access to the Protected Area and/or the Website is denied pursuant to this clause 10 and no new access rights are granted by Port Overview, the Registered User(s) shall immediately upon demand erase all email username(s) and password(s)provided to the Registered and Individual User(s), as applicable, and return all associated documentation to Port Overview or its authorised representatives.

10.7.
Unless in case of fraud, intentional or gross negligence of Port Overview, the latter will not be liable to the Individual User(s) and/or the Registered User for any action, claim, cost, expense (including reasonable legal costs), loss and damage arising out of or otherwise in connection with such denial of access.

10.8.
Port Overview may terminate this Agreement with 5 calendar days’ prior written notice (i) if the Registered User ceases or threatens to cease to carry on its business ; (ii) if a receiver, administrator or similar officer is appointed over all or any part of the assets or undertaking of the Registered User ; (iii) if the Registered User makes any arrangement for the benefit of its creditors ; (iv) if the Registered User goes into liquidation save for the purposes of a genuine amalgamation or reconstruction, (v) if the Registered User or any of its Individual Users commits a material breach of this Agreement, or (vi) if the Registered User or any of its Individual Users commits a breach of this Agreement and fails to remedy such breach within 10 calendar days (or such other period agreed by the parties in their sole and absolute discretion) after Port Overview has served notice in writing requiring it to do so.

10.9.
Port Overview is entitled (in our absolute discretion and without any requirement for explanation) to refuse any subscription or purchase request for any of the Content or Services. If You wish to purchase and/or to subscribe for Content or Services online through our website, you will need to follow the subscription procedures set out on our website.

10.10.
Details of our prices for Content and Services and for subscription licences to Content and Services together with the procedures for payment are displayed on our website but we may change these prices before your order is accepted. Port Overvriew endeavours to ensure that prices displayed on our website are accurate but the price on Your order will need to be validated by us as part of the acceptance procedure. We will inform you if a purchase price or a subscription's correct price is higher than that stated in your purchase/subscription request and you may then cancel the order and decide whether or not to purchase/subscribe to the Content and Services at the correct price. The prices are exclusive of applicable taxes.

10.11.
As mentioned above, Port Overview is entitled to refuse any subscription request placed by You. If your purchase and/or subscription request is accepted, we will confirm acceptance to You by online electronic means (“Confirmation”) to the e-mail address you have given us on registration or on ordering. In respect of the Online Service, our making the Online Service available to You constitutes performance of our Services and You will have no right to cancel the contract once we have done so.

10.12.
You undertake that all details You provide to Port Overview for the purpose of purchasing and/or subscribing to Content and Services will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any purchase/subscription. We reserve the right to obtain validation of your credit or debit card details before supplying or allowing you access to the Content and Services.

10.13.
For the avoidance of doubt, Port Overview will not be bound to supply or permit access to any of the Content and Services unless and until:- Port Overview has issued an electronic confirmation to you; AND Port Overview has received payment in full for the Content and Services. If (in our absolute discretion) Port Overview agrees to accept payment after the start of the Subscription Period, You will pay us the amount due within 30 days after the date of our invoice to you for the Materials (unless otherwise agreed).

10.14.
If you register as a company located in EU (excluding Denmark), thus providing a valid VAT (“Value Added Tax”) number and a billing address outside the Kingdom of Denmark, you will be exempt from VAT taxes in all purchases. In all other cases, a VAT of 25% will be added according to Danish law.

10.15.
If You cancel any Subscription before the end of the Subscription Period or if You return any Content or Services, you will not be entitled to a refund.

10.16
Submission of payment for subscription via credit card or debit card is a binding agreement to purchase subscription access to www.portoverview.com for the period stated on the electronic order sent alongside the payment. Access will be provided immediately and cannot be cancelled by the subscriber.

11.INDEMNITY

11.1
Any Registered User of this Website shall indemnify and hold harmless Port Overview, its affiliates, associates or agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Port Overview to compromise or settle a claim) and all legal costs and expenses, suffered by Port Overview, its affiliates, associates or agents arising out of any breach by the Registered User or any of the Individual Users of any duties, obligations (including negligence) under these Terms and Conditions of Use or as laid down in the Protected Area or determined by the Protected Services, including but not limited to any breach of security on his/their part which allows access to the Protected Area or the use of Port Overview ’s content by unauthorised persons.

12. TIME BAR

12.1.
In the event that a claim arises pursuant to the use of this Website, You shall immediately, and in writing, notify Port Overview of such claim.

12.2.
Port Overview shall, in addition to the limitations and exclusions of liability contained in the section “Disclaimer” of the Website, have no liability towards You unless You notify Port Overview in writing of any claim within one week of becoming aware of such claim. In no circumstances shall You have a claim against Port Overview, unless suit (legal action) is commenced by You within six months of the claim arising, such claims otherwise being definitely waived and time-barred.

13. PRIVACY STATEMENT



13.1.
By submitting personal data ("Personal Information"), You give the explicit permission to process this personal data for the purposes mentioned below. Port Overview will save the collected personal data to files and process them in order to: • Inform You about new Services, for example using e-mail;
• Take care of and handling Your requests;
• Process Your orders;
• Automate user profiling;
• Optimize the management of the website and the services offered.


13.2.
The information You have submitted during the registration process or at any other moment, can be used by Port Overview for direct-marketing purposes. You have the right to object to such use of Your Personal Information by expressing Your objection during the registration procedure or by sending an e-mail to info@portoverview.com. Port Overview may disclose the Personal Information that You provide via this Website to other Port Overview affiliates worldwide which agree to treat it in accordance with this Privacy Statement and use it for the same purposes. Port Overview may also disclose the Personal Information that You provide via this Website to third parties which are not Port Overview affiliates, but only:

13.2.1.
To contractors used to support the business of Port Overview (such as fulfillment services, technical support, delivery services, and financial institutions), in which case Port Overview will require such third parties to agree to treat it in accordance with this Privacy Statement and use it for the same purposes; or

13.2.2.
In connection with the sale, assignment, or other transfer of the business of this site to which the information relates, in which case Port Overview will require any such buyer to agree to treat it in accordance with this Privacy Statement and use it for the same purposes

13.3.
Without waiver or limitation of any article in these Terms and Conditions of Use, Port Overview assumes no responsibility and shall not be liable for any loss of, erroneously or unjustified transfer to any third party of, or any third party's unjustified access to or alteration of Personal Information provided to Port Overview by You

13.4.
Port Overview shall not communicate, sell or expose the Personal Information in any other way to any other third parties, unless Port Overview has received a request from the public authorities or an injunction from a court or judicial authorities to hand over certain data, including Personal Information of the website user.

13.5.
Port Overview has the appropriate technical and organizational security measures in place to protect Your Personal Information registered in our systems. These measures include restricted access to databases containing user information, protected user identification and password.

13.6.
The collection, use, and disclosure of information contemplated in this Privacy Statement may involve a transfer of the information to jurisdictions located outside Your country of residence that may not have equivalent laws and rules regarding personally identifiable information. By accessing this website, You explicitly consent to such transfer and disclosures of information as long as the transfer is necessary for the performance of a contract between You and Port Overview or the implementation of pre-contractual measures taken in response to Your request; or as long as the transfer is necessary for the conclusion or performance of a contract concluded in Your interest between Port Overview and a third party.

13.7.
The website of Port Overview uses "cookies", which are text-only pieces of information transferred by the website to the hard disk of the Registered or Individual User. They allow to automatically identify a Registered or Individual User when logging on to this website. These "cookies" contain Personal Information. Most browsers accept these cookies automatically. You have the ability to accept or decline cookies by modifying the settings in Your browser. However, You may not be able to use all the interactive features of our site if cookies are disabled.

13.8
At any given time, You have the right to access and correct all the Personal Information given to Port Overview free of charge. As a Registered or Individual User, You can access Your Personal Information on-line and correct the data. In order to access these data, You authenticate with Your email username and password to view and/or update Your Personal Information. You can, of course, unregister at any time.

13.9.
We collect non-personal information such as IP addresses during your use of our website to help diagnose problems with our server and to identify ways of making our site better. This information is not linked to anything personal.

14. NON-VARIATION

14.1. No variation of these Terms and Conditions of Use shall be of any force or effect unless agreed to by Port Overview in writing.

15. SEVERABILITY


15.1.
In the event that any term or condition of these Terms and Conditions of Use is not fully enforceable or valid for any reason, such term or condition shall be severable from the remaining terms and conditions and the enforceability of any remaining terms and conditions shall not be affected by such severance.

16. RELAXATION OF RIGHTS

16.1.
No relaxation by Port Overview of any of its rights in terms of these Terms and Conditions of Use shall prejudice or constitute a waiver of Port Overview 's rights and Port Overview shall be entitled to exercise its rights thereafter as if such relaxation had not taken place.

17. MISELLANEOUS

17.1.
Use of the Website, the Protected Services or the Content may be subject to certain legal or regulatory requirements in particular jurisdictions. The Individual User and the Registered User may only access or use the Website, Protected Services or Content to the extent such access or use is permitted in the jurisdiction in which they access or use the email usernames and passwords, Website, Protected Services or Content.

17.2.
References in this Agreement to “in writing” or “written” include communication by e-mail or other electronic form.

17.3.
The rights of Port Overview, its affiliates, associates and agents in these Terms and Conditions of Use may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.

17.4.
The Registered User and the Individual User may not assign, part with or otherwise transfer any right or benefit under any provision of these Terms and Conditions of Use without Port Overview ’s prior written consent.

17.5.
Port Overview may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose Personal Information or other information of You or Your use of the Website, Content or Protected Services.

17.6.
Port Overview’s affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of these Terms and Conditions of Use which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into this contract, Port Overview does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.

18. LAW AND JURISDICTION


Any claims or dispute arising under or related, whether directly or indirectly, to these Terms and Conditions of Use including third party proceedings involving several defendants, shall be governed exclusively by the law and be determined exclusively by the courts of the place where Port Overview has its registered office to which courts’ jurisdiction You have, pursuant to clause 1.3 of these Terms and Conditions of Use, irrevocably submitted, alternatively, and at Port Overview ’s sole option, if the defendant is not Port Overview, by the courts and according to the law of that place where the defendant has its registered office.