Are you A Yacht/BOAT
shipper ?
AdamSea is the leading marine online marketplace in the boat and yacht industry. Our headquarter are Based in Canada with an online market presence across the globe. We strategize to attract buyers, sellers and all marine services to come and meet in our online market to create global marine service community. AdamSea adds value by securing all the transactions between buyers, sellers and other services elements. Our internal platform integrates all services in one hub to make sure members will find all their needs in one arena. We are primarily dedicated to support our partner’s yearly growth by extending their customer reach around the world. Our focus market supplies from around the world and Canada and members can be anywhere in the world.
AdamSea Inc. is a premier Online Marine Marketplace for Yacht Buyers, Yacht Sales and marine services. Although our headquarters are in Canada we have an online market presence globally. AdamSea secures all transactions between buyers, sellers and different service elements. We strive to support our partner's annual growth by extending their customer reach worldwide. Visit our Marine Online Marketplace for more information.
TRANSACTION SERVICE AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS.
Thank you for trading on Adamsea.com’s web-based transaction platforms. This Adamsea.com Transaction Services Agreement (this “Agreement”) describes the terms and conditions on which you conclude online transactions for products and services by using the online transaction sites in relation to www.AdamSea.com. This Agreement contains various limitations on Adamsea.com’s transaction services as well as gives various powers and authority to Adamsea.com with respect to online transactions using Adamsea.com’s transaction services. This includes without limitation the power and authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller. You should read this Agreement and to the extent as applicable, the relevant transactional terms, and other rules and policies of Adamsea.com and Payment Services Agreement made between you as a User (as defined below) and Adamsea.com (the “Payment Service Agreement”) carefully which are hereby incorporated into this Agreement by reference.
AdamSea.com shall have the right to refuse or cancel any Online Transaction in breach of this clause 2.4.
TO THE FULL EXTENT PERMITTED BY LAW, ADAMSEA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES. THE AGGREGATE LIABILITY OF ADAMSEA.COM AND OUR AFFILIATES AND AGENTS ARISING FROM THE TRANSACTION SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE HIGHER OF THE SERVICE FEES CHARGED BY ADAMSEA.COM OR US$1,000.
These Adamsea.com Transactions Dispute Rules (“Dispute Rules”) describe the general principles how Adamsea.com handles disputes between Buyers and Sellers in sourcing transactions in the Adamsea.com Site. Adamsea.com aims to provide a fair and safe transaction platform for Buyers and Sellers.
These Dispute Rules provide for general principles for handling trade disputes in connection sourcing transactions in the Adamsea.com Site. You agree that Adamsea.com will have the full power, right and discretion to handle and determine all matters concerning any disputes in sourcing transactions as Adamsea.com considers appropriate having regard to the general principles set forth in these Dispute Rules, the commonly accepted practices in cross-border trading, the supporting documents provided by Buyer and Seller as well as the circumstances of the individual dispute cases.
You have further agreed that these Dispute Rules are subject to and incorporates by reference the terms concerning sourcing transactions such as the Transaction Services Agreement, the payment Services Agreement, the Sourcing Transactions General Rules and other website rules and policies of Adamsea.com concerning sourcing transactions as well as the terms concerning members of the Adamsea.com generally such as the Terms of Use, the Product Listing Policy and other website rules and policies of the Adamsea.com Site (all these agreements, website terms, rules and policies are collectively referred to as “Adamsea.com Service Terms”). If any matter is not provided for in these Dispute Rules but is provided for in the Adamsea.com Service Terms, the provisions of the Adamsea.com Service Terms shall prevail. If there is a conflict between the provisions of these Dispute Rules and the provisions of the Adamsea.com Service Terms, the provisions of these Dispute Rules shall prevail.
These Dispute Rules do not apply to transactions concluded offline between sellers and buyers not using Adamsea.com’s transaction platform.
Adamsea.com may revise these Dispute Rules from time to time. The revised version will be effective immediately upon posting.
Adamsea.com encourages you to resolve your disputes in the sourcing transactions through amicable negotiations.
Section 1 – Definitions
Section 2 -- Disputes Procedures
2.1 Complainant should submit their complaint or dispute to Adamsea.com through an online system for filing complaints (“Platform”) within the relevant prescribed time limits. Otherwise, Adamsea.com shall have the right to refuse to accept any complaint or dispute.
2.2 When a complainant submits a complaint, he shall file out a complaint submission form on the Platform and shall provide all the relevant supporting documents within 20 calendar days after submission of the complaint. If the complainant fails to provide the relevant supporting documents within the prescribed time period, Adamsea.com shall have the right to refuse to accept the complaint.
2.3 Adamsea.com will notify the respondent about the complaint via email or telephone when Adamsea.com agrees to accept the complaint. Adamsea.com shall have the right to require the respondent to submit a counter notice and the relevant supporting documents within prescribed time limit. If the respondent fails to submit a counter notice in time, or if the supporting documents for the counter notice are insufficient to substantiate the counter notice, Adamsea.com shall have the right to suspend the respondent’s accounts on the Adamsea.com Site.
2.4 The supporting documents mentioned in the previous articles include:
(a) the Sales and Purchase Contract (“Contract”) as entered into between Buyer and Seller;
(b) all associated records of communication;
(c) evidence which shows that the products are different from those as agreed (such as the inspection report issued by a third party organization);
(d) other evidences which support the complaint.
2.5 Both parties must ensure that the documents submitted to Adamsea.com are true, correct and complete and are not misleading. If any party to the dispute has made any changes, amendments, or forgeries to the supporting documents, Adamsea.com shall have the right to immediately make a determination against that party.
2.6 Adamsea.com shall have the full right and discretion to accept or reject any supporting document. Adamsea.com shall have the right to determine whether any supporting documents are sufficient to prove any issue in dispute and whether any party should be responsible.
2.7 When the parties fail to reach a settlement within the prescribed period, Adamsea.com shall have the right to make a determination in accordance with the provisions of the Dispute Rules.
2.8 In addition to the supporting documents submitted by Buyer and Seller, Adamsea.com may also refer to the general commercial practices for cross-border trading, including the INCOTERM 2010. Adamsea.com shall also have the right to take into other considerations such as whether there is any dishonest behavior on the part of Seller or Buyer.
Section 3 -- General Principals
3.1 Buyer and Seller may not unilaterally change the terms and conditions of the Contract for the sourcing transaction.
3.2 If one party claims that you are unable to perform your obligations under the Contract in time due to a force majeure event, you must provide the valid certification as Adamsea.com requires.
3.3 During the dispute procedures, if the parties fail to reach an agreement on whether the parties shall continue the performance of the Contract, Adamsea.com shall have the right to suspend or freeze the relevant transaction in question.
3.4 When a dispute arises between Buyer and Seller, both parties may negotiate to reach a refund agreement. During the step of refund negotiation, Buyer and Seller are free to communicate with each other to reach a refund agreement as they think is appropriate, and there are no restrictions on how the dispute may be resolved by Buyer and Seller. In a case where one party might be solely responsible, Buyer and Seller may still be able to reach an agreement where both of them agree to share the responsibility or risks or one of them agrees to waive his or her rights and interests. If Buyer and Seller agree that any part of the funds shall be paid to one of them, Adamsea.com will release the funds in accordance with the refund agreement as so agreed upon by Buyer and Seller.
3.5 You agree that Adamsea.com is not required to obtain professional advice in order to make any determination and may make the determinations in the dispute cases as an ordinary non-professional person. You also agree that Adamsea.com is not required to take any step to verify whether any document received is true.
Section 4 -- Dispute Cases
4.1 This section only provides selected types of dispute cases for references. Adamsea.com shall have the full right and discretion to determine any dispute on a case-by-case basis.
4.2 Buyer and Seller shall fulfill their obligations to make the payments and deliver products as agreed. If either party is in breach of the agreed obligations, the party in breach shall be responsible. The party in breach shall be responsible to fulfill the obligations e.g., to make payments, deliver products, fix, exchange, return products, supply to make up the shortage in the product quantity, make refunds. Adamsea.com shall have the right to impose penalties on the responsible party.
4.3 Products not received:
4.4 Products not as described:
4.5 If Seller fabricates the origin of manufacture, or forges or uses without authorization the company name and address of another party, marks for quality certification such as certification marks, famous brand marks, quarantine certificate, quality and quarantine inspection reports, verification reports, etc, Seller shall be responsible. Adamsea.com shall have the right to impose penalties on Seller.
4.6 When both parties reach a settlement on the return of the products, Buyer shall return the products to the address designated or confirmed by Seller. The cost incurred by the return of the products shall be borne by the responsible party, except as agreed otherwise by both parties. Buyer shall bear all risks, and any loss, cost or damages of any kind incurred as a result of the risks, if Buyer return the products to the wrong address, including but not limited to the damage, destruction and loss of the products and the expenses of transportation, store and custody.
Section 5 -- Other provisions
5.1 During the dispute procedures, Adamsea.com shall have the right to refuse the remittance of the purchase price to Seller until the parties reach a settlement and Buyer agrees to release the purchase price to Seller.
(a) The purchase price will be remitted to Buyer when the Contract is canceled due to the fault of Seller.
(b) The purchase price after the deduction of the payment service fee, liquidated damages (if any) and other compensation (if any), the remainder (if any) will be remitted to Buyer when the Contract is canceled due to the fault of Buyer.
(c) The purchase price after the deduction of the payment service fee, the remainder will be remitted to Buyer when the Contract is canceled due to the breach of the Product Listing Policy.
5.2 If a party is found to be responsible in accordance with these Dispute Rules, or have breached the Adamsea.com Service Terms, Adamsea.com shall have the right to impose penalties against the responsible party. The penalties may include:
(a) Announce the breach or complaint records on the Adamsea.com Site;
(b) Suspend the use of the payment service for the prescribed period determined by Adamsea.com;
(c) Suspend the use of the transaction functionalities of your account on the Adamsea.com Site without any refund.
(d) Permanently terminate the use of the transaction functionalities of your account on the the Adamsea.com Site without any refund.
5.3 If the dispute is not resolved through amicable negotiation within the prescribed time period according to these Dispute Rules, or if you are dissatisfied with Adamsea.com’s determination, you must apply to for arbitration in Canada and notify Adamsea.com of such application within 20 calendar days after Adamsea.com’s determination. If each of Buyer and Seller in the dispute does not notify Adamsea.com of your application for arbitration within the above 20 calendar days, each of Buyer and Seller shall be deemed to have agreed that Adamsea.com’s determination shall be final and binding on you.
WEBSITE PRIVACY POLICY
The Internet is an amazing tool. It has the power to change the way we live, and we're starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It's important to ADAMSEA INC. to help our customers retain their privacy when they take advantage of all the Internet has to offer.
We believe your business is no one else's. Your privacy is important to you and to us. So we'll protect the information you share with us. To protect your privacy, ADAMSEA INC. follows different principles in accordance with worldwide practices for customer privacy and data protection.
NOTICE
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:
CONSENT
If you choose not to register or provide personal information, you can still use most of www.adamsea.com but you will not be able to access areas that require registration.
If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding ADAMSEA INC. products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from ADAMSEA INC.
ADAMSEA INC. occasionally allows other companies to offer our registered customers information about their products and services, using e-mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.
ACCESS
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Center. There, you can:
SECURITY
ADAMSEA INC. has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you're utilizing secure server software SSL, which encrypts your personal information before it's sent over the Internet. SSL is one of the safest encryption technologies available.
In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we'll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
ADAMSEA INC. strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in Canada or any other country where ADAMSEA INC., its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.
NOTICE TO PARENTS
Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet. The ADAMSEA INC. site does not publish content that is targeted to children; hence ADAMSEA INC. does not take any responsibility under any circumstances for use of personal information by children
ENFORCEMENT
If for some reason you believe ADAMSEA INC. has not adhered to these principles, please notify us by email at info@adamsea.com, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.
ELECTRONIC PRODUCT REGISTRATION
When you buy and sell a product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you've already left with us (we call that information your personal profile). If you haven't previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Center, click on Update Profile, and edit any of the Personal Information in your profile. If you haven't already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.
CUSTOMER PROFILES
As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.
When you register, we create your profile, assign a personal identification number, and then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across www.adamsea.com allowing you to post products, buy & sell products and order free newsletters. Even if you switch computers, you won't have to re-register – just use your Registration ID to identify yourself.
What we do with the information you share
When you join us, you provide us with your contact information, including phone number and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.
We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
ADAMSEA INC. will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ADAMSEA INC. or the site; (b) protect and defend the rights or property of ADAMSEA INC and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of ADAMSEA INC. its Websites, or the public.
PRODUCT LISTING POLICY
1.1 You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Please be aware that www.AdamSea.com website functions as a global marketplace, thus the selling or posting of items may be prohibited because of laws outside of the jurisdiction where you reside. Below, we have listed some categories of prohibited or restricted items. However, this list is not exhaustive; you, as the seller, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction.
1.2 Adamsea.com has chosen to also prohibit the posting of other categories of items which may not be restricted or prohibited by law but are nonetheless controversial including:
a) Items that encourage illegal activities.
b) Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance.
c) Giveaways, lotteries, raffles, or contests.
d) Stocks, bonds, investment interests, and other securities.
e) Pornographic materials or items that is sexual in nature.
f) Items that do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information.
1.3 Adamsea.com, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions.
2. CONTRACTS AND TICKETS
2.1 You are responsible for ensuring that your transaction is lawful and not in violation of any contractual obligation. Before posting an item on the Site, you should carefully read any contracts that you have entered into that might limit your right to sell your item on the Site.
2.2 Adamsea.com does not search for items that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that posting items in violation of your contractual obligations could put you at risk with third parties. Adamsea.com therefore urges that you not list any item until you have reviewed any relevant contracts or agreements, and are confident you can legally sell it on the Site.
2.3 If you have any questions regarding your rights under a contract or agreement, we strongly recommend that you contact the company with whom you entered into the contract and/or consult with an attorney.
3. MAILING LISTS AND PERSONAL INFORMATION
The posting or sale of bulk email or mailing lists that contain personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses, is strictly prohibited. Also prohibited are software or other tools which are designed or used to send unsolicited commercial email (i.e. "spam").
4. NON-BUSINESS INFORMATION
Adamsea.com is an online business to business information platform; personal and non-business information is prohibited.
5. NON-TRANSFERABLE ITEMS
Non-transferable items may not be posted or sold through the Site.
6. POSTING AN ADVERTISEMENT FOR THE SOLE PURPOSE OF COLLECTING USER INFORMATION OR RAISING MONEY
Adamsea.com is the ideal site for business to business commercial transactions. Honesty and high ethical standards is what we represent. Postings on this site should clearly represent the item being sold. If your objective is otherwise, we ask that you seek out other websites to carry on the business activity you seek to perform.
7. REPLICA AND COUNTERFEIT ITEMS
7.1 Listing of counterfeits, non-licensed replicas, or unauthorized items are strictly prohibited on the Site.
7.2 If the products sold bear the name or logo of a company, but did not originate from or were not endorsed by that company, such products are prohibited from the Site.
7.3 Postings offering to sell or purchase replicas, counterfeits or other unauthorized items shall be subject to removal by Adamsea.com. Repeated postings of counterfeit or unauthorized items shall result in the immediate suspension of your membership.
8. STOLEN PROPERTY
8.1 The posting or sale of stolen property is strictly forbidden on the Site, and violates international law. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
8.2 Adamsea.com supports and cooperates with law enforcement efforts involving the recovery of stolen property and the prosecution of responsible individuals. If you are concerned that the images and/or text in your item description have been used by another Site user without your authorization, or that your intellectual property rights have been violated by such user, please contact our service team at admin@adamsea.com.
9. SANCTIONED AND PROHBITED ITEMS
9.1 Products prohibited by laws, regulations, sanctions and trade restrictions in any relevant country or jurisdiction worldwide are strictly forbidden on the Site.
The services that ADAMSEA INC. provides to User is subject to the following Terms of Use ("TOU"). ADAMSEA INC. reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
ADAMSEA INC. shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.adamsea.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.adamsea.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.adamsea.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Through its Web property, ADAMSEA INC. provides User with access to a variety of resources, including buying and selling, download areas, communication forums and product information (collectively “goods & Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.AdamSea.com and all charges related thereto.
User Conduct
USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
ADAMSEA INC. has no obligation to monitor the Communication Services. However, ADAMSEA INC. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ADAMSEA INC. reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ADAMSEA INC. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ADAMSEA INC.'s sole discretion.
aterials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. ADAMSEA INC. does not control or endorse the content, messages or information found in any Communication Services and, therefore, ADAMSEA INC. specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized ADAMSEA INC. spokespersons, and their views do not necessarily reflect those of ADAMSEA INC..
If any of the Services requires User to open an account, User must complete the registration process by providing ADAMSEA INC. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify ADAMSEA INC. immediately of any unauthorized use of User’s account or any other breach of security. ADAMSEA INC. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by ADAMSEA INC. or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
Any software that is made available to download from the Services ("Software") is the copyrighted work of ADAMSEA INC. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ADAMSEA INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ADAMSEA INC. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ADAMSEA INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
ADAMSEA INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ADAMSEA INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ADAMSEA INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADAMSEA INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL ADAMSEA INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF GOODS, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
ADAMSEA INC. does not claim ownership of the materials User provide to ADAMSEA INC. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting ADAMSEA INC., its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all ADAMSEA INC. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. ADAMSEA INC. is under no obligation to post or use any Submission User may provide and ADAMSEA INC. may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
THE LINKS IN THIS AREA WILL LET YOU LEAVE ADAMSEA INC.'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ADAMSEA INC. AND ADAMSEA INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ADAMSEA INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ADAMSEA INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ADAMSEA INC. OF THE SITE.
ADAMSEA INC. is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, ADAMSEA INC. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.adamsea.com, are those of the respective author(s) or distributor(s) and not of ADAMSEA INC.. Neither ADAMSEA INC. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.adamsea.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with ADAMSEA INC.. ADAMSEA INC. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.adamsea.com by anyone other than authorized ADAMSEA INC. employee spokespersons while acting in their official capacities. Under no circumstances will ADAMSEA INC. be liable for any loss or damage caused by a User's reliance on information obtained through www.adamsea.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ADAMSEA INC.. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
ADAMSEA INC. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ADAMSEA INC.'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ADAMSEA INC.. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ADAMSEA INC. OR ANYONE AT ADAMSEA INC.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ADAMSEA INC. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
ADAMSEA INC. shall have the right, but not the obligation, to monitor the content of www.adamsea.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ADAMSEA INC. and to satisfy any law, regulation or authorized government request. ADAMSEA INC. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.adamsea.com. Without limiting the foregoing, ADAMSEA INC. shall have the right to remove any material that ADAMSEA INC., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless ADAMSEA INC., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ADAMSEA INC. by User or User's Account.
Either ADAMSEA INC. or User may terminate this Agreement at any time. Without limiting the foregoing, ADAMSEA INC. shall have the right to immediately terminate User's Account in the event of any conduct by User which ADAMSEA INC., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for www.adamsea.com established by ADAMSEA INC. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
ADAMSEA INC. its logos are trademarks of ADAMSEA INC., All rights reserved. All other trademarks appearing on ADAMSEA INC. are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
