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DEEPER - TERMS AND CONDITIONS
1. FIRST, LET US INTRODUCE OURSELVES
We are Deeper, UAB („Deeper”, „we”), legal entity code 302749154, address Antakalnio 17, LT-10312 Vilnius, Lithuania. We develop and own http://deepersonar.com, http://maps.fishdeeper.com, https://www.fishdeeper.com, („Website”), various mobile applications developed by Deeper (jointly - „App”), and our sonars and other products („Products”).
These terms and conditions (the „Terms”) means mutual agreement entered between you and Deeper and governs your use of the Website and the App. Moreover, the Website and the App work as a part of some our Products since it enables some functionalities of our Products.
In these Terms, references to our „Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and all parties involved in creating, producing, and delivering the Products, Website and the App, also the content accessible there!
When you accept these Terms, you enter mutual agreement with Deeper, establishing both our and your rights, duties, and responsibilities. Moreover, all the other terms, conditions, and policies (e. g. manuals of various Products) set forth and communicated to you by Deeper or incorporated into these Terms by reference forms as an integral part of the agreement.
Deeper also periodically organizes various games, competitions, promotions, and other campaigns. We would like to point out that these are also subject to separate terms and may also be subject to separate rules of the platforms on which they are organized, so please familiarize yourself with them before participating in such games, competitions, or promotions.
If you do not wish to be bound by these Terms, please do not use the Website, the App, and the content accessible therein.
Finally, we will leave our contacts at the end of these Terms in case you will have any questions!
2. WHAT SERVICES WE OFFER IN THE APP AND WEBSITE?
Deeper makes various services available on the Website and the App including, but not limited to, Deeper sonars, Bathymetry, etc. You may find the detailed description of the features and services available on or through the Website and the App on the relevant sections of the Website and the App.
However, you are solely responsible for providing, at your own expense, all equipment necessary to use the services, including compatible devices: computer, smartphone, tablet (you can check compatibility here: https://deepersonar.com/compatibility), and/or other. Also, for specific services you may need internet access (you will also be responsible for paying all fees associated with such access).
We're constantly developing new technologies and features to improve our products and services to bring the best experience for you. Deeper may change and improve these Terms. Also, we reserve right to modify or discontinue the Website and the App, any of the features accessible there, at any time with or without prior notice to you. Any new features that augment or enhance the then-current services on the Website and the App shall also be subject to these Terms.
3. FOR THE SPECIFIC FUNCTIONALITIES OF THE WEBSITE AND THE APP YOU MUST CREATE AN ACCOUNT AND/OR DOWNLOAD THE APP
- If you want to use the App – download it from App Store or Google Play and follow registration instructions as described therein;
- If you want to use the Website – enter its address into a modern browser and follow registration instructions as described therein;
- If you want to create your account on the Website and/or App - to do so you must provide your data, create password, confirm your registration. Access to your account will be granted after you enter your username and password in the fields provided for that purpose. If you create an account on a Website you can use it on the App and vice versa.
Deeper may refuse to approve your account or cancel your already approved account if it is determined that you have provided incorrect information during registration and there are reasonable grounds to believe that you are using the App or the Website in material breach of the Terms.
Your acceptance of the Terms and proper registration will give you access to the App and the Website. You may also edit the details of your account on the App and the Website at any time. Registration on the App and the Website is free of charge!
4. WE CARE ABOUT THE SECURITY OF YOUR DATA
Note, that you are solely responsible for maintaining the confidentiality of your password and account and for all statements made and acts or omissions that occur using your password and account.
Please 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 log in details.
At your request, Deeper undertakes to disable access to your account as soon as reasonably possible. You must notify us by sending a notice to the contact details set out in these Terms.
5. IF YOU WANT TO DELETE YOUR ACCOUNT, YOU HAVE TO:
Notify Deeper in writing at any time using the contact details provided in the Terms or delete your account in account settings on the App or Website, following the instructions provided there. We reserve the right to disagree with your request if we are investigating your activities using the App or the Website. You will be notified of such decision in a separate communication.
We may unilaterally terminate your account at any time if you breach these Terms.
6. HERE ARE SOME REQUIREMENTS WHEN YOU USE THE APP AND THE WEBSITE:
Your use of the Website and the App is subject to all applicable laws and regulations, and you are solely responsible for your communications through the Website and the App. 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 the App, 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 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 these Terms, other 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 the App. 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 the App.
However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Website and the App, 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. Below in these Terms you will find a description of the procedures to be followed if any party believes that content posted on the Website and the App 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 the App may be available to you or other authorized users of the Website and the App. 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 account, or other affiliation with our Website and the App without prior notice to you for violating any of the above provisions. 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. GOT ANY IDEAS HOW TO MAKE THE APP OR THE WEBSITE EVEN MORE AWESOME?
We strive to provide you best experience every day and we kindly ask you to provide your feedback and suggestions („Feedback”) to us.
However, by doing so, you agree that:
- your Feedback will automatically become the property of Deeper, without any compensation to you;
- Deeper may use or redistribute the Feedback for any purpose and in any way;
- there is no obligation for Deeper to review the Feedback;
- there is no obligation to keep any Feedback confidential.
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/support. Please provide only specific Feedback on Deeper existing products or marketing strategies and 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.
Any Feedback you provide to the email addresses indicated on the Website and App, via Website and App or any other medium shall be deemed to be non-confidential. Deeper shall be free to use such information on an unrestricted basis.
8. REMEMBER, WHAT YOU SEE IN THE APP, OR THE WEBSITE IS OUR PROPERTY
In these Terms „content” and „materials” means any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by you on our Website and App. This, among other, includes message boards, chat, and other original content.
By accepting these Terms, you agree that all content presented to you on the Website and the App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Deeper and our Affiliates. You can only 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 the App 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 the App. Any unauthorized use of the materials appearing on the Website and the App may violate copyright, trademark and other applicable laws and could result in criminal or civil responsibilities.
Neither we, nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Website and the App will not infringe the rights of third parties. See section below for a description of the procedures to be followed if any party believes that content posted on the Website and the App 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 the App are either registered trademarks or other intellectual property of Deeper or our Affiliates, or the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, icon, other graphics, and the name of the above entities.
9. WHAT TO DO IF YOU SEE UNAUTHORIZED USE OF MATERIALS?
Any communication, data, or material, including, but not limited to content gathered while using our Products, scans, photos, videos, texts that you transmit to the Website and/or the App 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 and the right to share this material with the third parties.
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.
Deeper respects intellectual property of others, and we ask you to do the same. If you or any user of the Website and/or the App believes its copyright, trademark or other property rights have been infringed by a posting on the Website and/or the App, you or the user should send notification to contacts 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 such notification;
- Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Deeper, UAB
Address: Antakalnio str. 17, LT-10312 Vilnius, Lithuania
Email: [email protected]
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 App 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. YOU MAY ALSO FIND THIRD-PARTY WEBSITES AND ADS ON THE WEBSITE AND THE APP
The Website and the App may link you to other websites on the Internet, other apps or otherwise include references to information, documents, software, materials, and 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. 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 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 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 do not fall into our limits of responsibility, therefore, must be directly addressed and presented to the third parties providing the specific services.
Also, you may find advertisements offered by third parties in Website and App. 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.
11. YES, LET’S TALK ABOUT YOUR PRIVACY
If you want to register on the Website and the App, you will need to provide us your personal data. By doing so, you agree that all information provided to us is true and accurate and that you will maintain and update this information as required. 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.
12. WE STRIVE TO DELIVER BEST PRODUCTS AND SERVICES, HOWEVER…
All materials and services on the Website and the App are provided on an „as is” and „as available” basis without warranty of any kind.
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 the App from us or our Affiliates will meet your expectations or be free from mistakes, errors, or defects.
The Website and the App could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at the Website and the App at any time without prior notice. The materials or services at the Website and the App may be out of date, and we make no commitment to update such materials or services. We assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
The use of the services or the downloading or other acquisition of any materials through the Website and the App 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 the App, you may have the opportunities to engage in commercial transactions with other users and vendors. Please note, 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 merchandise/services and you.
Deeper makes no warranty regarding any transactions executed through, or in connection with the Website and the App, 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 the App from a third party is provided solely by such third party, and not by us or any other of our Affiliates.
You understand and agree that temporary interruptions of the services available through the Website and the App may occur as normal events. You further understand and agree that we have no control over third party networks you may access during the use of the Website and the App, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Please note that some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
13. LIMITATION OF OUR 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 the App or of any web site referenced or linked to from the Website and the App.
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 App, including without limitation the processing of orders, with an exception to the goods and services offered to you directly by Deeper.
We are also not liable for any damages suffered by you because of your breach of these Terms or any other documents applicable to your use of the App or the Website.
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.
Also, 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 App. 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.
14. FORCE MAJEURE
Neither you nor Deeper shall be liable for any failure to perform, in whole or in part, any of its obligations under these Terms if it is proved that the party's failure to perform its obligations was due to circumstances beyond its control and reasonable foreseeability and that it could not have prevented the occurrence of the circumstances or the consequences by the use of its reasonable efforts.
We may make email, messaging, blogging, or chat services (collectively, „Communications”) directly available to You on the Website and the App. To provide Communications to you 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.
We may employ automated monitoring techniques to protect our users from mass unsolicited communications (known as „spam”) and/or other types of electronic communication.
16. OH, AND FEW OTHER THINGS
These Terms are governed by the Laws of the Republic of Lithuania.
Any dispute that might arise between Deeper and you shall be resolved by negotiation between us. If the dispute is not resolved within twenty (20) calendar days, then:
- the dispute shall be solved using Online Dispute Resolution, if Online Dispute Resolution as a way of resolving a dispute can be applied to the 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.
We may amend these Terms from time to time. We will inform you about such changes via notifications in the App or the Website, or your email address provided during the registration. Your continued use of the Website and the App after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms. Amendments to the Terms will take effect seven (7) calendar days after their publication.
We may also update the App and the Website at any time, at our own discretion.
You may not assign your rights and obligations under these Terms to any third party without the prior written consent of Deeper.
17. IF YOU WANT TO CONTACT DEEPER FOR ANY QUESTIONS DO NOT HESITATE TO DO SO VIA:
Mail: Antakalnio str. 17, LT-10312 Vilnius, Lithuania; or
Email: [email protected].
Deeper sends all communications to the email address you provided during registration or any other way in which you can be reached. By agreeing to the Terms, you acknowledge that the existence of a copy of the email or other communication on our server (database or other device storing relevant information) is adequate evidence of the sending of any communication.