Moorspots B.V. Terms and Conditions
Last updated: (31/07/2018)
Welcome to the Moorspots website or mobile properties, including related applications or mobile applications (collectively, this “Service”). This Service is provided solely to assist customers in gathering and sharing nautical information, including but not limited to marinas and anchorages, and for no other purposes.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.moorspots.com website and the Moorspots mobile application (the “Service”) operated by Moorspots B.V. (“us”, “we”, “our” or “Moorspots”).
Your access to Moorspots and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service (“you”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the content shared on our platform. When you post, create or make content available through our service, you must be the owner or creator of the content, i.e. you must own the rights to that content.
As a condition of your use of our Service, you warrant that (i) all information supplied by you on our Service is true, accurate, current and complete, (ii) if you have a Moorspots account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 16 years of age or older in order to register for an account and contribute to our Service. Moorspots does not knowingly collect the information of anyone under the age of 16. (iv) users under the age of 16 need authorization from his/her parents or his/her legal representative for creating an account, complying to these Terms. Moorspots will not accept any liabilities in case this authorization has not been granted. We retain the right at our sole discretion to deny access to anyone to our Service, at any time and for any reason, including, but not limited to, violation of this Agreement.
Reviews & comments
Our service is intended to hear from you and let you share your experiences, which we appreciate highly. Please be aware that by submitting content to this Service by postings or otherwise, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Moorspots a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Moorspots may choose to provide attribution of your comments or reviews at our discretion. You further grant Moorspots the right to pursue at law any person or entity that violates your or Moorspots rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You are solely responsible for your use of the Moorspots Services and use them at your own risk. By using any Services, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Moorspots;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Service in which such Content is posted; or
- Content or links to content that, in the sole judgment of Moorspots, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying this Service, or (d) which may expose Moorspots or its affiliates or its users to any harm or liability of any type.
Moorspots takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Moorspots liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of Services, Moorspots is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other online areas. Although Moorspots has no obligation to screen, edit or monitor any of the Content posted to or distributed through our Service, Moorspots reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on our Service at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Service at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Moorspots or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Moorspots, and its licensees, successors and assigns, from any claims that you could otherwise assert against Moorspots by virtue of any such moral rights.
Any use of our Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use this Service.
Links to other web sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Moorspots.
Moorspots has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Moorspots shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
The content and information on our Service (including, but not limited to, messages, data, information, text, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Service. Additionally, you agree not to:
- Use our Service or its contents for any commercial purpose
- Access, monitor or copy any content or information of our Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of our Service for any purpose without our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of our Service into any other website without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Moorspots in connection with our Service.
Moorspots believes in protecting your privacy. In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect Moorspots systems, assets, employees, members and customers; (b) to ensure the integrity and operation of Moorspots business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Moorspots right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, shall take precedence over any terms of the Moorspots privacy and cookies policy. For further details on the Moorspots privacy and cookies policy, you will find a more detailed policy on the Moorspots website.
Jurisdiction and governing law
All rights, obligations, specials, orders and agreements that fall under these general terms and conditions, and under this condition, are applicable under Dutch Law and Jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions regarding these Terms and Conditions, please contact us via email. Or you can write us at:
Last updated: (31/07/2018)
What personal information do we collect from the people that visit our website or app?
When registering on our site, as appropriate, you may be asked to enter your name, email address, country and city or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site or app, subscribe to a newsletter or enter information on our site or app.
How do we use your information?
We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, use the app, or use certain other site or app features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product/service offerings in which you are most interested.
- To improve our website and/or app in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site or app feature.
- To ask for ratings and reviews of services or products
- To follow up with them after correspondence (email or web inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We do not use Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
Do we use ‘cookies’?
Compile aggregated data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browsers are a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It might affect your experience of our site, but the site will function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information or Personal Data unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety as indicated in the Moorspots Terms & Conditions.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We use Google Analytics on our website.
What does Google Analytics record?
- What website you came from to get here.
- How long you stayed for.
- What kind of computer/software you’re using.
- And quite a bit more.
What do we do with your data?
The tracking information allows Moorspots to better understand the kind of people who come to our site and what content they’re reading. This allows us to make better decisions about design and writing.
Occasionally, we will compile aggregated statistics about the number of visitors this site receives and browsers being used. No personally identifying data is included in this type of reporting.
All of our activity falls within the bounds of the Google Analytics Terms of Service.
We have implemented the following Google Analytics features:
- Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers to
improve our marketing and our website and app
Want to opt out?
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way, when appropriate.
- Link to our website, mentioning the physical address of our business headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us via the below contact details or follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.