2. General Restrictions on Use
• You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Company, unless you have been specifically allowed to do so in a separate agreement with Company. You specifically agree not to access (or attempt to access) any of the Website or the Services through any automated means (including use of scripts or web crawlers).
• You agree that you will not engage in any activity that interferes with, modifies, alters or disrupts the Website or the Services (or the servers and networks which are connected to the Services).
• Unless you have been specifically permitted to do so in a separate agreement with Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
• You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
• Unless you have been expressly authorized to do so in writing by Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Company in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
• You agree that you are only permitted to use of the Website and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, the selection, sequence and 'look and feel' and arrangement of items) which you may have access to as part of, or through your use of, the Services is provided “AS IS” and is the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
All Content contained on the Website and presented to you as part of the Services is protected, without limitation, by copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Company or, in the case of third party materials, the owner of that Content.
You may not modify, rent, lease, loan, sell, or distribute the Content or create derivative works based on the Content (either in whole or in part) unless you have been specifically told that you may do so by Company or by the owners of that Content, in a separate agreement.
You understand that as between you and Company, Company owns all rights in and to the Website, including, the Company Content, the “look and feel” of the Website, the trademarks SEA LAUNCH® and all other trademarks of Company appearing on the Website, and all intellectual property rights related to the foregoing. Any third party trademarks or third party Content appearing on the Website are owned by the respective third parties.
Company is not responsible for the accuracy or reliability of any Content passing through the Website by advertisers. The Website may contain links to third party websites, applications, or programs that are not controlled by or affiliated with Company. Company is not responsible for the content, information, offers or privacy policies of such websites, applications, or programs.
4. Disclaimers and Warranties
The Website and Services are provided "as is" and Company makes no warranty or representation of any kind to you with respect to them. You understand and acknowledge that you use the Website and the Services at your own risk. Company does not represent or warrant to you that: the Services will meet your requirements; the Services will be uninterrupted, timely, secure or free from error; any information, including Content, obtained by you as a result of your use of the Services will be accurate or reliable; and that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Company assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Website.
5. Limitation of Liability
You understand and acknowledge that Company shall not be liable to you for:
• any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Website or the Services. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
• any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes that Company may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; (iv) the use of any products or services obtained on or through the Website; or (v) any other matter relating to the Website, the Services, or the Content.
By using the Website and any of the Services, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, any Content. The limitations on Company’s liability to you in this paragraph 5 shall apply whether or not Company has been advised of or should have been aware of the possibility of any such losses arising.
7. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and all information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows:
Sea Launch AG
Chemin d'Eysins 47
Attn: Copyright Agent
8. Links To Other Sites
9. General Legal Terms
Modifications to the Services. Company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Company provides may change from time to time without prior notice to you. You further acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Company’s sole discretion, without prior notice to you.
Confidentiality. You understand that Company may grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the absolute and unilateral right to revoke these exceptions either generally or in specific cases.
Last Updated: January 24, 2013