End User Terms of Use

Veson Nautical End User Terms of Use

This End User Terms of Use (“Terms”) governs the use of this and other websites (each, the “Website”) of Veson Nautical LLC (including its affiliated companies, “Veson”) by Clients and other users (“You”). These Terms also govern any app, data or software downloaded by You from a Website (each, an “App”) and any use of software, data or services provided by Veson through use of a Website (each, a “Service”). Currently, our Websites include veson.com, veslink.com, Clients.veson.com, Legacy.veslink.com, oceanbolt.com, q88.com, vesselsvalue.com and the Services provided on these Websites may include Veson IMOS Platform, Veslink, Veslink Voyage Reporting, Veslink Distances calculator, Veson’s Client Wiki, Veson University, Milbros, Q88, VesselsValue, and Oceanbolt Data Platform.

These Terms are subject to change by Veson at any time. These Terms specify the date of the most recent update. You should check these Terms whenever You visit the Website to ensure You are aware of the latest Terms. Your continued use of the Website, Service or App after such changes are implemented constitutes your acceptance of the changes.

Service and App Subscription:

If You are an authorized subscriber to a Service, You are granted a nonexclusive, nontransferable and nonsublicensable subscription to use such Service and the Apps made available in connection with such Service during the term of your subscription. Your use of the Website, Service and Apps is limited to use for your internal business purposes. If You entered into a written software subscription, service or other agreement or order form with Veson in connection with the Service (each, a “Client Agreement”), then your usage of the Apps and Service shall be in accordance with the terms of your Client Agreement and these Terms.

If You are not an authorized subscriber to a Service, You are not permitted, authorized, or licensed to use in any respect such Service or the associated Apps. This restriction applies even if You are able to download Apps from the Website. APPS AND SERVICES ARE AUTHORIZED FOR USE ONLY BY AUTHORIZED SUBSCRIBERS.

You are not permitted to include any Apps or Services in any data, product or service that You sell or otherwise distribute to third parties.  Apps and Services are authorized for You to use for your internal business use only.

Trial or Evaluation Subscription:

If You are accessing an App or Service on a trial basis, You are granted a limited, nonexclusive, nontransferable and nonsublicensable subscription to use such Service and the Apps made available in connection with such Service for your internal business evaluation purposes for a period of no longer than thirty (30) days.  Your trial subscription does not include the right to put into production or external use any components of the Services, App, or any data delivered or derived therefrom.  You may not be able to access the Services or data used with the trial subscription after the expiration of the trial period.

Log-In Credentials:

You may not share your log-in credentials with any unauthorized user. You may not log-in or use a Website, Service or App using any other person’s log-in credentials or impersonate or use the name or registration information of any other person. You are responsible for maintaining the confidentiality of your log-in credentials, including any password used to access the Service, and You are fully responsible for all activities that occur through the use of your password or account. You agree to immediately notify Veson of any unauthorized use of your password or account or any other breach of security.

Copyrights, Trademarks, and Other Proprietary Rights:

The design of the Website, Apps and all graphics, content and other material displayed on or that can be downloaded from the Website or Apps are protected by copyright, trademark and other laws and may not be used except as expressly permitted in these Terms, in your Client Agreement, or with Veson’s prior written consent. Certain trademarks, trade names, service marks and logos used or displayed on the Website or Apps are registered or unregistered trademarks, trade names or service marks of Veson or its affiliates. Other trademarks, trade names, service marks and logos used or displayed on the Website or Apps are the property of their respective owners. Nothing contained on the Website or Apps grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on the Website or Apps without the written consent of the respective owner. Any unauthorized use is a breach of these Terms may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Inappropriate Material:

You are prohibited from posting or transmitting on or through any Website, Service or App any material that is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane or that could constitute or encourage illegal activity or result in any legal liability. You are also prohibited from posting or transmitting any information protected by copyright, trademark or other proprietary rights or confidential information unless You obtain any required consents from the owner and include appropriate copyright, trademark or other proprietary rights notices. Without limiting the generality of the foregoing, You may not post or transmit any confidential information of Veson. You may not knowingly use the Website, Service or App to transmit any computer virus, worm, or other malicious code. You may not use the Website, Service or App to post or transmit any advertising or commercial solicitation. Veson has the right, but not the obligation, to monitor and delete any posting or to block any transmission. Veson assumes no responsibility for, and disclaims all liability related to, the content of any user posting or transmission.

Export and Sanctions Compliance

Apps or Services, or elements thereof, are subject to export control laws and economic sanctions regulations of the United States and may be subject to similar laws and regulations of the United Kingdom, European Union, Singapore and other countries. You agree to comply with such laws and regulations and hereby warrant that You will not export, re-export, access or grant access to Apps or Services to any Sanctioned Person. You also certify that You are not a Sanctioned Person nor owned, controlled by, or acting on behalf of a Sanctioned Person. You further agree that You will not use, or allow others to use, any Apps or Services to support or facilitate business with Sanctioned Persons in any manner that violates or causes a violation by any Person of U.S. economic sanctions regulations.

“Sanctioned Person” means, at any time: (i) any country or territory that is the subject of country-wide or territory-wide sanctions or embargo, including, but not limited to, as of Effective Date, Crimea, Donetsk People’s Republic, or Luhansk People’s Republic, Cuba, North Korea, Iran and Syria, or any Person located in, organized under the laws of, citizen of, or ordinarily resident in such country or territory; (ii) any Person listed on the Specially Designated Nationals and Blocked Persons List or other sanctions-related list maintained or administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, the European Union, His Majesty’s Treasury of the United Kingdom, or the United Nations Security Council; (iii) the Government of Venezuela and agencies and instrumentalities thereof; (iv) any Person owned fifty percent or more in the aggregate by one or more of the Persons described in clauses (i), (ii), or (iii) of this sentence; or (v) any Person listed on the Entity List or Denied Persons List maintained by BIS.

“Person” means an individual, partnership, limited partnership, association, joint venture, trustee, trust, corporation, company, unlimited liability company, unincorporated organization or other entity, including any governmental authority.

Ownership:

As between Veson and You, all title to and intellectual property rights in the Website, Apps, Services, including without limitation any content, information and materials accessible within or downloadable from the Website or Apps, and any related materials or documentation, are solely the property of Veson or its affiliated companies or licensors. Veson or its affiliates own and retain the right to collect, use in any lawful manner and disclose aggregated anonymized data, or any other data that is not subject to an obligation of confidentiality, relating to usage of any Website, Apps or Services.

For any content including but not limited to any and all notes, questions, comments, videos, file uploads, or submissions (“User Content”),You post, upload, input, provide or submit (“Submit”) to any Veson University Website,  You represent and warrant that You have all necessary rights, licenses, consents, and permissions to Submit such User Content and that Use of such User Content will not infringe or violate the rights of any third party. By Submitting such User Content, You hereby grant to Veson a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid up, royalty-free, perpetual, irrevocable right and license to display, reproduce, create derivative works, modify, distribute and other use, in whole or in part your User Content, in any media now known or hereafter developed.

You acknowledge and agree that You do not have any confidentiality rights in any information that You post or transmit that is accessible by other Website users. Except for User Content Submitted to any Veson University Website, such information is owned by Veson, and, by posting or transmitting such information, You assign all ownership in, title to and intellectual property and other rights in such information to Veson.  Such information may be used, reproduced or retransmitted by Veson, in whole or in part, for all commercial purposes, and without any obligation of attribution.

To the extent that any information You post or transmit to any Website (including User Content Submitted to any Veson University Website) contain any feedback, comments, ideas, suggested improvements, or suggestions regarding any of Veson’s products or services (together, the “Feedback”), You understand and agree that You will not receive compensation, now or in the future, for such Feedback.  Such Feedback will be the exclusive property of Veson and You hereby assign to Veson all right, title and interest in and to the Feedback.

Linking to the Website:

You may not create or maintain any link from another website to any page on the Website without Veson’s prior written consent. Running or displaying the Website or App, or any information or material displayed on the Website or App, on another website or app without Veson’s prior written consent is prohibited. Any links to the Website that are permitted by Veson must comply will all applicable laws, rule and regulations, and Veson may revoke its consent at any time.

Third Party Links:

From time to time, the Website may contain links to websites that are not owned, operated or controlled by Veson. If You use these links, You will leave the Website, and Veson is not responsible for any content, materials or other information located on or accessible from any other website. Veson does not guarantee, endorse, or make any representations or warranties regarding any other websites or any materials or other information located on or accessible from any other website.

Digital Millennium Copyright Act (DMCA)

If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Website by a third party and is accessible on such Website in a way that constitutes copyright or trademark infringement, please contact Veson at the Veson Nautical Helpcenter or by regular mail at:

Veson Nautical LLC
Attn: Legal Department-DMCA
21 Drydock Avenue, Suite 610W
Boston, MA 02210

Email Parsing:

Veson’s Market Inbox product and any other email-parsing tools provided by Veson are intended to supplement, but not replace, a manual review by the user of his or her email inbox. The results achieved by Veson’s email-parsing tools are largely dependent upon user-controlled filters. No email-parsing tool can guarantee that emails will be filtered or sorted with perfect accuracy. Veson will have no liability with respect to the filtering or sorting of emails.

Certificate Courses on Veson University

From time to time, Veson may offer course and program certificates for a fee. For anything that You choose to purchase on the Veson University Website, You agree to pay all applicable fees when due. If You pay by credit or debit card, You: (i) will provide Veson or its designated third-party payment processor with valid credit or debit card information; and (i) hereby authorize Veson or its designated third-party payment processor to charge such credit or debit card for all items You purchase.

Additional Terms for Paying Subscribers:

Your payment of an invoice that refers to these Terms constitutes your acceptance of these Terms and an agreement between You and Veson.

Any payments to Veson are exclusive of all excise, sales, use, property, import, export, and other taxes, duties and fees, all of which (other than taxes on Veson’s net income) shall be payable by the client. Payments to Veson are nonrefundable except as otherwise expressly agreed.

In the event You do not wish to accept a change to these Terms posted by Veson, then You may cancel your subscription effective as of the end of your current subscription period by providing written notice to Veson within 30 days following the posting of such change by Veson, in which case the change will not apply to You. Your failure to provide such notice constitutes your consent to the change.

Additional Terms for Users of Baltic Exchange Information Services Limited:

While reasonable care has been taken by the Baltic Exchange Information Services Limited (“BEISL”) in providing this information, all such information is for general use, provided without warranty or representation, and is not designed to be used for or relied upon for any specific purpose. BEISL will not accept any liability for any loss incurred in any way whatsoever by any person who seeks to rely on the information contained herein.

All intellectual property and related rights in this information are owned by BEISL. Any form of copying, distribution, extraction or re-utilization of this information by any means, whether electronic or otherwise, is expressly prohibited. Persons wishing to do so must first obtain a license to do so from BEISL.

Additional Terms for Users of S&P Global Platts Service(s)

Copyright 2022 by S&P Global Platts, a division of S&P Global Inc. Use of the Platts Service(s) constitutes acceptance of the terms and conditions contained in the Platts Master Subscription Agreement. Reproduction or retransmission of Platts Service(s) in any form is prohibited except with the prior written permission of Platts. Platts does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions, regardless of the cause or for the results obtained from the use of such information. PLATTS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall Platts be liable for any direct, indirect, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with subscriber’s or others’ use of Platts Service(s).

General Restrictions and Limitations:

You may not modify, enhance, reverse engineer, decompile, disassemble, attempt to obtain the source code of, create derivative works from, distribute to any third or bundle with any product or service, any Website, Apps or Services. You may not remove, obscure, or alter any copyright, trademark or other proprietary rights or confidentiality notice included in or affixed to any Website, Apps or Services. You shall have no rights in or access to source code for Website, Apps or Services. You may not use any Website, Apps or Services for navigational, military, or nuclear purposes or in any manner that is unlawful. You must comply with all U.S. and other applicable export control laws in connection with your use of any Website, Apps and Services. Veson reserves the right to update the Website, Apps and Services from time to time in its discretion. Veson has no support or maintenance obligations with respect to the Website, Apps or Services. Veson and its affiliates may monitor and collect data regarding usage of the Website, Apps and Services to confirm compliance with these Terms or for any other valid business purposes.

Disclaimers and Liability Limitation:

Veson cannot and does not guarantee or warrant that the Website, Apps, or other content available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. THE WEBSITE, SERVICES AND APPS ARE PROVIDED “AS IS”, AND VESON DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING THE WEBSITE, SERVICES OR APPS.

IN NO EVENT SHALL VESON HAVE ANY LIABILITY WITH RESPECT TO (1) UNAUTHORIZED USE OF ANY WEBSITE, SERVICE OR APP, (2) ACCESS TO OR USE OF ANY WEBSITE, SERVICE OR ANY APP BY A PERSON WHO IS NOT AN AUTHORIZED SUBSCRIBER TO SUCH SERVICE OR APP, (3) USE OF ANY PRIOR VERSION OF AN APP OR SERVICE TO THE EXTENT THE LIABILITY WOULD HAVE BEEN AVOIDED OR MITIGATED BY USE OF A NEWER VERSION OF THE APP OR SERVICE MADE AVAILABLE BY VESON PRIOR TO THE OCCURRENCE OF THE LIABILITY, OR (4) ANY BREACH BY ANY USER OF THESE TERMS OR A CLIENT AGREEMENT. VESON’S MAXIMUM LIABILITY FOR USE OF THE WEBSITE, SERVICES AND APPS IS LIMITED TO THE AMOUNT PAID BY YOU TO VESON WITH RESPECT TO THE WEBSITE, SERVICE OR APP THAT IS THE SUBJECT OF THE CLAIM DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

A party will not be responsible for any delay or failure in performance resulting from acts beyond its control including, without limitation, acts of terrorism, acts of nature, acts of a government, internet outages, fires, floods, explosions, wars, or other catastrophes.

Client Agreements:

In the event of any conflict between these Terms and any Client Agreement entered into between You and Veson, or in the event any Client Agreement contains additional terms that do not conflict with the terms hereof, the terms of such Client Agreement shall govern.

Miscellaneous:

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law principles. Any legal action arising out of or relating to the Website, Service, App, these Terms, or any Website Privacy Policy may be brought only in a state or federal court located in the Commonwealth of Massachusetts. In the event any provision of these Terms is determined by a court to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be deemed modified to the minimum extent necessary to result in its enforceability. Veson may assign these Terms and any rights hereunder to any successor or assign.

_______________________________________________________________________

These Terms were last updated: May 1, 2024

Veson Nautical, Veslink, the Veson Nautical logo, Q88, VesselsValue, Oceanbolt, Veson University and the orange swirl logo are registered trademarks, and IMOS and Veslink Distances are trademarks of Veson Nautical LLC.

Copyright 2024 Veson Nautical LLC.