Terms & amp
Terms & Conditions
AGREEMENT BETWEEN THE USER AND DEEPER, UAB ON TERMS AND CONDITIONS OF USE OF THE WEBSITE AND/OR MOBILE APPLICATION
Welcome to https://deepersonar.com and/or https://maps.deepersonar.com website/websites (hereinafter – the “Website”) and/or mobile application Deeper Smart Sonar (hereinafter – the “Application”), developed and owned by Lithuanian company Deeper, UAB (“Deeper”), legal entity code 302749154, address Antakalnio str. 17, LT-10312 Vilnius, Lithuania (hereinafter - "We", "Company", “Deeper”).
Below you will find the binding legal agreement that has to be entered by you and Deeper, should you wish to effectively use the Website and/or the Application (hereinafter – “Terms & Conditions”).
You may find more detailed information about who we are and what we can offer to you on our Website and/or Application. Also, if you want to contact us, you may find our contact information at the end of these Terms & Conditions.
2. USER‘S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
Aiming that your expectations will be realized to a full extent whereas our Website and/or the Application operation will run smoothly, we inform you that by accessing or using the Website and/or the Application you agree to be legally bound by these Terms & Conditions and all the other terms, conditions and policies set forth and communicated to you by us.
These Terms & Conditions are legally bound document, establishing both our and your rights, duties and responsibilities.
When using particular services or materials on the Website and/or the Application, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms & Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms & Conditions.
By using the Website and/or the Application, you agree to be bound by these Terms & Conditions. If you do not wish to be bound by these Terms & Conditions, please exit the Website and/or the Application now. Your remedy for dissatisfaction with the Website and/or the Application, or any products, services, content, or other information available on or through the Website and/or the Application, is to stop using the Website and/or the Application and/or those particular products or services. Your agreement with us regarding compliance with these Terms & Conditions becomes effective immediately upon commencement of your use of the Website and/or the Application.
3. AMENDMENTS TO THIS TERMS & CONDITIONS
We expressly reserve the right to change these Terms & Conditions from time to time without prior notice to you. You acknowledge and agree that it is your responsibility to review the Website and/or the Application and these Terms & Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Website and/or the Application after such modifications will constitute acknowledgement of the modified Terms & Conditions and agreement to abide and be bound by the modified Terms & Conditions.
Nevertheless, if you provide your e-mail address to us for your informational purpose, we will put the reasonable efforts to reach you out and inform about the changes of the Terms & Conditions.
As used in these Terms & Conditions, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Website and/or the Application and/or the contents hereof.
4. DESCRIPTION OF SERVICES
We make various services available on the Website and/or the Application including, but not limited to, Deeper – smart fishfinder, Deeper smart sonar, and other like services. You may find the detailed description of the features and services available on or through the Website and/or the Application on the relevant sections of the Website and/or the Application.
You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, smartphone, tablet, modem and Internet access (including payment of all fees associated with such access) and other.
We reserve the sole right to either modify or discontinue the Website and/or the Application, including any of the Website‘s and/or the Application’s features, at any time with or without prior notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Website and/or the Application shall also be subject to these Terms & Conditions.
5. PERSONAL DATA AND PRIVACY
In order to access some of the services on the Website and/or the Application, you may be required to use an account and password that can be obtained by completing our online/mobile registration form or you will be required to fill in certain forms, which requests certain personal information and data.
Please be noted that we use Facebook and Google authentication services. Therefore, in order to access some of our services on the Website and/or Application you can login with Facebook and Google. If you use the latter authentication tools, we will receive your Facebook ID or Google ID.
By providing your personal data, you agree that all information provided to us is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You must provide the necessary and required information to us for the proper execution of our services. We are not liable for the correctness and expediency of your provided information, therefore, the responsibility for the proper execution of this obligation lies with you.
Our duty is to ensure the protection of the personal information you provided to us. The collection of information about you, your personal data, the placement of the cookies and other questions related to processing of your personal data and privacy are regulated by our “Privacy Agreement”.
6. CONDUCT ON THE WEBSITEAND/OR THE APPLICATION
Your use of the Website and/or the Application is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website and/or the Application. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website and/or the Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another‘s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website and/or the Application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Website and/or the Application.
However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms & Conditions and any other rules of user conduct for our Website and/or the Application, or is otherwise harmful, objectionable, or inaccurate.
We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Website and/or the Application infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website and/or the Application may be available to you or other authorized users of the Website and/or the Application. You shall not interfere with anyone else‘s use and enjoyment of the Website and/or the Application or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Website and/or the Application without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
7. THIRD PARTY SITES, INFORMATION AND SERVICES
The Website and/or the Application may link you to other websites on the Internet, other applications or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.
These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
We are not either directly or indirectly responsible for the content of sites of other parties.
Any damages or losses resulting from the actions or inactions of the third parties or if they are related to them do not constitute a basis for our responsibility to occur. For this reason, we kindly recommend you carefully read all terms and conditions and other necessary information presented to you by other parties and act according to it.
Claims, complaints, demands, allegations, observations, questions or inquiries regarding services of the third parties, the performance of those services, any other actions or inactions are not accepted by us, examined by us and do not fall into our limits of responsibility, therefore, must be directly addressed and presented to the third parties providing the specific services.
8. INTELLECTUAL PROPERTY INFORMATION
For purposes of these Terms & Conditions, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website and/or the Application. This, among other, includes message boards, chat, and other original content.
By accepting these Terms & Conditions, you acknowledge and agree that all content presented to you on the Website and/or the Application is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Deeper and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider.
Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Website and/or the Application in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website and/or the Application. Any unauthorized use of the materials appearing on the Website and/or the Application may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Website and/or the Application will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Website and/or the Application infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names visible on the Website and/or the Application are either registered trademarks or other intellectual property of Deeper or its Affiliates, or, if not owned by Deeper or its Affiliates, the property of their respective owners. Nothing in these Terms & Conditions grants you any right to use any trademark, service mark, logo, icon, other graphics and/or the name of Deeper, its Affiliates or other owners.
Copyright © Deeper, UAB. All Rights Reserved.
9. UNAUTHORIZED USE OF MATERIALS
Subject to our Privacy Agreement, any communication or material that you transmit to the Website and/or the Application or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used, including, but not limited to the use for commercial purposes.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Website and/or the Application believes its copyright, trademark or other property rights have been infringed by a posting on the Website and/or the Application, you or the user should send notification to our Designated Agent (as identified below) immediately.
To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work, trademark or other property rights that you believe has been infringed upon or other information sufficient to specify the right being infringed).
- Identify the material that you claim is infringing the intellectual property listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the intellectual property objects described above as allegedly infringing is not authorized by the owner of the intellectual property owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the intellectual property object owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
You acknowledge and agree that upon receipt of a notice of a claim of intellectual property infringement, we may immediately remove the identified materials from our Website and/or the Application without liability to you or any other party. All and any claims of the complaining party and the party that originally posted the materials shall be settled directly by the concerning parties.
10. DISCLAIMER OF WARRANTIES
All materials and services on the Website and/or the Application are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, we make no warranty that:
- the services and materials will meet your requirements;
- the services and materials will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the services or materials will be effective, accurate or reliable;
- the quality of any products, services, or information purchased or obtained by you from the Website and/or the Application from us or our Affiliates will meet your expectations or be free from mistakes, errors or defects.
The Website and/or the Application could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at the Website and/or the Application, including the prices and descriptions of any products listed herein, at any time without prior notice. The materials or services at the Website and/or the Application may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through the Website and/or the Application is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Through your use of the Website and/or the Application, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
We make no warranty regarding any transactions executed through, or in connection with the Website and/or the Application, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through the Website and/or the Application from a third party is provided solely by such third party, and not by us or any other of our Affiliates.
Content available through the Website and/or the Application often represents the opinions and judgments of an information provider, Website and/or the Application user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Deeper spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Website and/or the Application for further information.
You understand and agree that temporary interruptions of the services available through the Website and/or the Application may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Website and/or the Application, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on the Website and/or the Application are provided “as is” or “as available” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Please note that some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
11. LIMITATION OF LIABILITY
In no event shall we or our Affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website and/or the Application or of any web site referenced or linked to from the Website and/or the Application.
Further, we shall not be liable in any way for third party goods and services offered through the Website or for assistance in conducting commercial transactions through the Website and/or Application, including without limitation the processing of orders, with an exception to the goods and services offered to you directly by Deeper.
Please, note that some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney‘s fees, that arise from your use or misuse of the Website and/or Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. SECURITY AND PASSWORD
Should you register on the Website and/or the Application, you are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account.
Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
14. PARTICIPATION IN PROMOTIONS
From time to time, the Website and/or Application may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Website and/or Application. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. E-MAIL, MESSAGING, BLOGGING, AND CHAT SERVICES
We may make email, messaging, blogging, or chat services (collectively, “Communications”) directly available to users of the Website and/or the Application. In order to provide Communications to users we may also use third-parties services. . We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms & Conditions.
We may employ automated monitoring techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communication.
16. IDEA SUBMISSION POLICY
Terms of Idea Submission
By making any suggestions for Deeper, you agree that:
- your submissions and their contents will automatically become the property of Deeper, without any compensation to you;
- Deeper may use or redistribute the submissions and their contents for any purpose and in any way;
- there is no obligation for Deeper to review the submission;
- there is no obligation to keep any submissions confidential.
Deeper does welcome your feedback regarding many areas of Deeper existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at https://deepersonar.com/ca/en_ca/support, or you can choose from the many other areas for your feedback. Please provide only specific feedback on Deeper existing products or marketing strategies; do not include any ideas that Deeper policy will not permit it to accept or consider. It’s just one more way that Deeper can learn how to best satisfy your needs.
Feedback and Information
Any feedback you provide to the email addresses indicated on the Website and/or Application, via Website and/or Application or any other medium shall be deemed to be non-confidential. Deeper shall be free to use such information on an unrestricted basis.
17. GOVERNING LAW AND JURISDICTION
These Terms & Conditions shall be governed by the Laws of the Republic of Lithuania.
Please be noted that these Terms & Conditions are translated from Lithuanian language, therefore, in the event of any dispute, the original Lithuanian text of the Terms & Conditions” will be relied on.
Any dispute that might arise in relation to us or the Website and/or Application shall be resolved by negotiation between parties.
In case it is not possible to settle the dispute in the above manner, it shall be solved using Online Dispute Resolution, if Online Dispute Resolution as a way of resolving a dispute can be applied to the particular situation: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
In all other situations, the dispute shall be solved by the competent court of the Republic of Lithuania.
If you have any further questions, please contact:
Legal entity code: 302749154
Address: Antakalnio str. 17, I corpus, LT-10312 Vilnius, Lithuania
Contact: [email protected]
2018 05 15