READ THIS AGREEMENT CAREFULLY. WE ARE WILLING TO ALLOW YOU TO USE THE NEW SHIP IN SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT.
Your use of the New Ship In Service is governed by the terms in this document (the “Agreement”). Together these documents constitute a legal, electronic contract between you and us, and your affirmative act of accessing the New Ship In Service signifies your agreement to be bound by this contract, which has the same force and effect as a written contract signed by you.
If there is any dispute about or involving the New Ship In Service, you agree that the dispute shall be governed by the laws of Nevis, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Nevis. The foregoing shall not prevent New Ship In from seeking injunctive relief in a court of competent jurisdiction.
BY ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TO THE TERMS, INCLUDING THE DISPUTE RESOLUTION PROCESS IN NEVIS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE NEW SHIP IN SERVICE.
1. ABOUT THIS AGREEMENT
a. Definitions. The following definitions apply in this Agreement :
- “API” means application programming interfaces.
- “API Key” means a unique identifier issued by us that gives you access to certain APIs.
- “Destination” means an internet website, television broadcaster, or personal digital devices broadcaster to which you provide a Video for distribution or display to end users, including without limitation Your Product.
- “New Ship In Service” means the software application(s), code (in object or source code form, and instructions) provided by us, including any APIs and related documentation, data, content and services. The New Ship In Video Service is hosted by cdn and allows you to access the New Ship In Service remotely via the Internet to upload Videos, manipulate your Videos into various formats, publish such Videos to Your Product or other Destination, download such Videos to your own services, and generate reports regarding certain data relating to viewing of such Videos by end users.
- “User Credentials” means either the User ID or the API Key.
- “User ID” means a unique identifier issued by us that gives you access to certain features of the New Ship In Service.
- “Video” means a file containing information, data, text, software, sound, photographs, graphics, video, messages, or other materials, recorded using the New Ship In Service.
- “We,” “us” or “New Ship In” means New Ship In Inc. and its corporate Videos.
- “You” and “your” means both you and such person or entity on whose behalf you act, if any.
- “Your Product” means any product developed by you that is based upon, incorporates, references or interacts with the New Ship In Service, including without limitation, Web sites, online services or software applications on or through which Videos can be recorded and displayed.
b. Changes to the Agreement.
- To the maximum extent provided by law, New Ship In may modify this Agreement at any time. You shall assume all responsibility in reviewing this Agreement periodically at http://newshipin.info/ so that you will be apprised of any changes. If you continue to use the New Ship In Service after we post changes to these terms, you are signifying your acceptance of the new terms. If you disagree with any changes to this Agreement, you must discontinue your use of the New Ship In Service and provide written notice to us, and all rights and licenses granted to you under this Agreement terminate immediately.
You are required to register with us to obtain User Credentials. You may not use any additional User Credentials issued by us to you to circumvent any usage limits for the New Ship In Service. You must provide accurate identification, contact, and other information required as part of the registration process. You may not create any script or other automated tool that attempts to create multiple accounts. We may in our sole discretion reject any registration for any reason.
a. Video recorder Agreement
You hereby grant yourjetpilot.com and its clients the right to videotape me and to record my voice, performances, poses, actions, plays and appearances, and use my video, photograph, silhouette and other reproductions of my physical likeness in connection with http://newshipin.info/ client video reality.
You hereby grant their successors, assigns and licenses the perpetual right to use, as you may desire, all still and motion pictures and sound track recordings and records which you may make of me or of my voice, and the right to use my name or likeness in or in connection with the exhibition, advertising, exploiting and/or publicizing of the picture. You further grant the right to reproduce in any manner whatsoever any recordings including all instrumental, commercial, or other sound effects produced by me, in connection with the production and/or post production of videos.
You agree that you will not assert or maintain against http://newshipin.info/ or http://newshipin.info/ clients, successors, assigns and licenses, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any reason in connection with your authorized use of my physical likeness and sound in the Picture as herein provided.
By my digital or in person agreeing to http://newshipin.info/ terms and Privacy you understand that you will, to the best of your ability, adhere to the schedule agreed to prior to the beginning of your engagement. Additionally, you agree, to the best of your ability, to make yourself available should it be necessary, to re record your videos.
Should you not be able to perform such sound work, you understand that http://newshipin.info/ or its clients may enter into agreement with another person to rerecord your dialogue and/or record voice-overs and use this sound work over your picture or however they deem appropriate.
You hereby certify and represent that you are over 18 years of age and have read the foregoing and fully understand the meaning and effect thereof.
You may cancel your account to the New Ship In Service at any time. Your videos will be deleted by http://newshipin.info/, Your videos will no longer be available on http://newshipin.info/.
The following terms apply to your access and use of the New Ship In Service :
A. (i) all activity under your User Credentials and Your Products, (ii) keeping your User Credentials confidential and (iii) notifying us immediately if you believe your User Credentials have been misappropriated. You agree to implement any feasible procedure that is or may become available to secure your User Credentials from misuse by others. You will work with us immediately to correct any security deficiencies that may have been caused as a result of the misappropriation by any party of your User Credentials. You acknowledge that the technical processing and transmission of Videos may involve (x) transmissions over various networks and (y) changes to conform and adapt to technical requirements of connecting networks or devices. Should any Video be found or reported to be in violation of the terms of service, or any other applicable terms or rules, of the applicable Destination, we reserve the right to (1) require you to remove the Video or (2) remove the Video immediately without notice to you.
B. Usage limitations.
You shall abide by any usage limits that we may impose on the New Ship In Service, including without limitation, the number of times your User Credentials or Your Product may “call” or invoke the New Ship In Service. If you wish to exceed a usage limitation, you must obtain our prior written permission and you may be required to enter into a separate license agreement. We may change usage limitations at any time in our sole discretion.
C. End User Terms.
You shall agree to an enforceable end-user agreement (an “End User Agreement”) that is protective of us and contains at least the following specific, minimum terms: (i) you, and not New Ship In, are responsible for Your video; (ii) the recording capability provided by the New Ship In Service is provided as-is, without any warranties, and that we expressly disclaims all implied or express warranties, including the implied warranties of merchantability, accuracy, fitness for a particular purpose and non-infringement; (iii) a prohibition against modifying or creating derivative works of any portion of New Ship In code included as part of Your Product; (iv) a prohibition against decompiling, reverse engineering, disassembling, and otherwise reducing any portion of New Ship In code included as part of Your Product to a human-perceivable form, to the full extent allowed by law; (v) a provision indicating that ownership of the New Ship In Service resides with New Ship In; (vi) a disclaimer of indirect, special, incidental, punitive, and consequential damages; (vii) a complete and accurate disclosure to end users of the privacy practices and policy applicable to Your Products, and, (viii) such other terms as may be required by us.
D. Usage Data.
Our servers record information when you visit our websites or when Your Products or User Credentials call or invoke our services. This information may include, without limitation, the URL, IP address, browser type, User Credentials and access times and dates. We may use this information to promote, operate, and improve http://newshipin.info/ services and properties, including the New Ship In Service, and deliver the services that you or the end users of Your Products have requested.
E. Removal of Videos.
If you have elected to have us host and store any Videos created by you or your end users (“New Ship In Hosted Videos”), you agree to (i) immediately notify us of any take-down request or other infringement notice regarding a New Ship In Hosted Video; and (ii) promptly remove the New Ship In Hosted Video from the Destination or, if you cannot unilaterally remove the New Ship In Hosted Video from the Destination, promptly request that the applicable Destination remove the New Ship In Hosted Video from such Destination. Additionally, upon our reasonable request, you will promptly remove any New Ship In Hosted Video from any Destination or, if you cannot unilaterally remove the New Ship In Hosted Video from the Destination, request that such Destination remove the New Ship In Hosted Video(s) from such Destination.
F. Illegal videos
We don’t provide registration for videos for illegal products or services, we don’t provide New Ship In license for for prescription medications or adult material. We request you don’t upload these videos.
G. Social Media.
New Ship In is not responsible for your social media campaigns on your videos.
H. Quality of videos.
We have the right to cancel your account if we received legal complaint that your videos are fabricated and are not legitimate.
Title, ownership rights and intellectual property rights in the Videos that you upload yourself from your hard drive and Your Product shall remain in you, your licensors and/or other providers. Videos that get reordered using New Ship In recorder belong to New Ship In unless you have an unique agreement with New Ship In which would allow you to download recorded videos from your New Ship In license account.
Subject to the terms of this Agreement, you may use the New Ship In Service for the limited purpose of enabling you or your end users to create, display and distribute and record Videos on or through Your Products/service or other Destinations. The rights we grant to you under this Agreement are licensed, not sold. This license is non-exclusive and revocable.
For purposes of this Agreement, the term “Trademarks” means all trademarks, trade names, service marks, logos, domain names, along with any other distinctive brand features of each party. You may use only the Trademarks that we specifically authorize you to use for the purpose of identifying Your Product’s utilization of the New Ship In Service. The rights we grant to you under this Agreement constitute a nontransferable, non-sub licensable, nonexclusive license during the term of this Agreement to display such Trademarks solely as set forth expressly in any specific authorization. We may terminate or modify your right to use any specific Trademark at any time for any reason. Your license to use such Trademarks expires immediately upon termination of this Agreement, if we modify or withdraw such license in our discretion, or if you discontinue the use of the New Ship In Service. You may use our Trademarks only in accordance with our guidelines. You hereby grant to us a nontransferable, nonexclusive license during the term of this Agreement to use your Trademarks in our promotions or press releases (as determined by us in our sole discretion) regarding your participation in the New Ship In Service and to the extent that it is necessary for us to provide the New Ship In Service to you.
Display any of our Trademarks in any manner that implies a relationship or affiliation with, sponsorship by, or endorsement by us, other than your use of the New Ship In Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of New Ship In, its officers, directors, employees, agents or Videos; - use any of our Trademarks to disparage New Ship In and/or its Videos or any of its products or services;- display any of our Trademarks on Your Product if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
display any of our Trademarks as the most prominent element on any page of your website or Your Product;
display any of our Trademarks in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to us as determined by us in our sole discretion;
display any of our Trademarks on Your Product in a manner that violates any law or regulation; or
remove, distort or alter any element of any of our Trademarks (this includes squeezing, stretching, inverting, discoloring, etc.).
You understand and agree that we have the sole discretion to determine whether your use of our Trademarks is in accordance with the above restrictions.
Except as set forth in this section, nothing in this Agreement shall grant or shall be deemed to grant you any right, title or interest in or to our Trademarks. All use by you of our Trademarks (including any goodwill associated therewith) shall inure to our benefit. At no time during or after the term of this Agreement shall you challenge or assist others to challenge our Trademarks (except to the extent such restriction is prohibited by law) or the registration thereof by New Ship In or any of its Videos, nor shall you attempt to register any Trademarks (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of http://newshipin.info/.
8. GENERAL RESTRICTIONS
You may not use or allow or assist anyone to use the New Ship In Service in any way that (a) exceeds the usage restrictions set forth in this Agreement; (b) violates the terms of this Agreement; (c) violates the rights of others; (d) facilitates the generation of SPIM, SPAM, or other bulk unsolicited communications; (e) removes or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels from the New Ship In Service or from any content or materials on the New Ship In Service; (f) encumbers, sells, rents, leases, sublicenses, or otherwise transfer rights to the New Ship In Service or any aspect of the New Ship In Service; (g) attempts to decompile, disassemble, reverse engineer, or derive the source code for any software product provided by us to you in object code format only; (h) causes or enables the distribution of any viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancelbots, adware, spyware or other computer programming routines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) facilitates illegal activities of any type, the distribution of pornography, online gambling, regulated activities without obtaining appropriate licenses from governmental authorities, sex lines, solicitation of minors, and any other activity determined by us in our discretion and judgment to be an inappropriate use of the New Ship In Service; (j) misleads or attempts to mislead users; (k) interferes with the rights of others to use the New Ship In Service; (l) use the New Ship In Service as a means to engage in conduct that reflects poorly upon, disparages or devalues our reputation or goodwill, as determined in our sole discretion; or (m) causes damage to or interferes with the proper functioning of any software, network or services provided by us. You may not use the New Ship In Service for any mission critical application where human life or property may be at stake. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
9. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the New Ship In Service in a way that constitutes copyright infringement, please Contact us www.http://newshipin.info/ on how to report possible copyright infringement.
The New Ship In Service may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites. Any dealings that you have with advertisers found on the New Ship In Service are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
You agree to comply fully with all import and export laws, regulations, rules and orders of Nevis, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release any software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from Nevis and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances.
12. YOUR REPRESENTATIONS AND WARRANTIES
You warrant to us that: (a) you have the full legal power and authority to enter into this Agreement; (b) you own and/or have obtained the necessary legal rights to provide all content contained in your Submissions; (c) all information provided by you to us in connection with your registration for and use of the New Ship In Service is true and accurate; (d) that your use of the New Ship In Service, and Your Products (i) shall not be used in any commercially unreasonable manner; (ii) shall not infringe any intellectual property rights of any third party including without limitation, any right of privacy, publicity, copyright, trademark, or patent; and (iii) shall comply with all applicable laws, rules and regulations, including without limitation, consumer protection, data security, and privacy laws.
13. RIGHT TO INVESTIGATE; RIGHT TO AUDIT
You understand and agree that we reserve the right to use whatever technical and legal remedies available to us to prevent abuses to the New Ship In Service. We reserve the right to investigate or monitor in our own discretion and by any means we deem appropriate (a) your compliance with this Agreement and (b) any activity or conduct that we believe violates the terms of this Agreement. In addition to any other rights that we may have in this section and in the Agreement, we reserve the right to request an audit to investigate compliance with this Agreement.
In consideration of the licenses granted herein, and other consideration provided by us to you under this Agreement, you covenant not to sue or otherwise assert any copyright, trademark and patent rights against us or any of our Videos or licensees for any alleged infringement during the term of this Agreement by any product or service that uses the New Ship In Service.
Your use of certain features of the New Ship In Service may be subject to a fee, which is disclosed in the section of the New Ship In Service (http://newshipin.info/). We may change the fees and/or add new fees from time to time in our sole and exclusive discretion. If you elect to use the New Ship In Service in a manner that is subject to a fee, you hereby agree to pay any and all fees described on the pricing page (http://newshipin.info/). We may terminate this Agreement without notice to you in the event you fail to pay the fees as set forth in this Agreement. All payments made by you under this Agreement shall exclude, and you shall pay, any sales, use, excise, gross receipts or other taxes associated with such payments or this Agreement.
16. NEW SHIP IN DISCLAIMER OF WARRANTY
AS IS. THE NEW SHIP IN SERVICE (INCLUDING ALL SERVICES, SOFTWARE PRODUCTS AND APIS) ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” BASIS. YOU ARE USING THE NEW SHIP IN SERVICE AT YOUR OWN RISK. WE, OUR LICENSORS AND OTHER PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE NEW SHIP IN SERVICE IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE NEW SHIP IN SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS IN THE NEW SHIP IN SERVICE WILL BE CORRECTED. WE DISCLAIM THE IMPLIED WARRANTIES THAT THE NEW SHIP IN SERVICE AND THE APPLICATIONS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NEW SHIP IN SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOU BEAR THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND YOU ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
17. LIMITATION OF LIABILITY
WE, OUR LICENSORS AND PROVIDERS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE NEW SHIP IN SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR VIDEOS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE “NEW SHIP IN GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE NEW SHIP IN SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF THE NEW SHIP IN GROUP FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE FOLLOWING AMOUNTS :
(A) ONE DOLLAR (US $1) FOR ANY SERVICE OR API PROVIDED AT NO CHARGE, IN WHICH THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT; OR
(B) FOR ANY APPLICATION PROVIDED FOR A FEE, NOT MORE THAN THE TOTAL AMOUNT PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC APPLICATION AT ISSUE.
18. YOUR INDEMNITY
You shall indemnify, hold harmless and, at our request, defend us and/or our licensors, officers, directors, employees, agents and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including attorneys’ fees and costs) relating to your breach of any provision under this Agreement or otherwise arising out of your use of the New Ship In Service, including, but not limited to, any claim related to infringement or misappropriation of intellectual property rights, which includes but is not limited to, infringement by Your Product and/or any Video or other content contained therein. We shall give you prompt notice of any such claim made against it, and you shall cooperate with us in the defense of any such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof, provided that we must approve the terms of any settlement or compromise, and such approval shall not be unreasonably withheld.
We may change, suspend, or discontinue all or any aspect of the New Ship In Service, including its availability, at any time, and may terminate your use of the New Ship In Service at any time prior to or after your development and/or deployment of Your Product, without notice, for no reason or for any reason, including but not limited to your breach of any condition hereunder. You may terminate this Agreement by ceasing use of the New Ship In Service, including without limitation by removing any and all Videos stored on the New Ship In Service, or software or other code provided by us, from Your Product or other Destination, and providing notice of cancellation as set forth in Section 3 of this Agreement. You agree that once the Agreement is terminated, you will not use the New Ship In Service or display or distribute any Videos that are stored on the New Ship In Service. If we discontinue the New Ship In Service and you have paid a subscription fee, we will credit your payment method pro rata, based on the number of days remaining in your billing period.
20. HIGH RISK ACTIVITIES
The New Ship In Service is not fault–tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems (“High Risk Activities”). ACCORDINGLY, WE AND OUR LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE NEW SHIP IN GROUP WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE NEW SHIP IN SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES.
21. U.S. END-USERS
The New Ship In Service, Videos and any other software products are a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial software” and “commercial computer documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the New Ship In Service and Videos with only those rights as set forth herein As New Ship In is a Nevis entity.
22. ELECTRONIC NOTICES.
YOU AGREE TO TRANSACT WITH US ELECTRONICALLY. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the New Ship In Service.
23. INJUNCTIVE RELIEF
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
We have no obligation to provide support services for the New Ship In Service, although we may do so in our sole discretion. We are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the New Ship In Service. This Agreement does not grant you any right to any version enhancement update, or to a continuous availability of the New Ship In Service.
Your use of the New Ship In Service does not create any partnership, joint venture or agency relationship between you and us. Neither you nor we have the power to direct or control the day to day activities of the other or to create or assume any obligation on behalf of the other.
Sections 3(c), 4(a), 5, 8, 9, 10, 11, 13, 15, 17, 19-22, 24-27 and 28 – 32 shall survive expiration or termination of this Agreement. We shall not be liable to you for damages of any sort resulting from terminating this Agreement.
27. JURISDICTION; VENUE.
You agree that the laws of Nevis govern this Agreement and any claim or dispute that you may have against us, without regard to Nevis conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Country of Nevis and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
(a) This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.
(b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(c) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties’ original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement.
(d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
(e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
(f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion.
(g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
(h) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.