WAYPOINT© PORTAL TERMS AND CONDITIONS OF USE
Access to this web portal is provided as a matter of convenience and facilitation to owners, their managers and/or their agents of vessels that wish to interact with the Liberian Registry in the management of certain regulatory matters. Every effort has been made to ensure accuracy of the information and the regulatory administrative processes available with this system. However, the Liberian Registry is not in the position to determine or adopt any particular sensitivities or varying expectations of privacy that a vessel owner may have with regard to the information and functions that are available to the vessel owner’s authorized and registered users of this system.
Any user of this system warrants that he or she has the authority to represent the owner, as well as the master of the vessel for the purposes of conducting regulatory administration transactions for the vessel or the seafarer(s) related to such transactions. If you do not have such authorization from the owner of the vessel to use this system, then you may be subject to civil or criminal prosecution.
If you are in doubt about any of these statements or if you do not accept these terms and conditions, contact the Liberian Registry by telephone at +1 703 790 3434 or by email at firstname.lastname@example.org for further information.
The foregoing and the following are the terms and conditions for the use of this system.
LISCR LLC , a Delaware Limited Liability Company, with principal place of business at 22980 Indian Creek Drive, Suite 200, Dulles, Virginia, United States of America (“LISCR”), is the exclusive administrator of the Liberian Ship and Corporate programs as an agent of and on behalf of the Government of Liberia. This exclusive appointment has been made under Title 21, Section 11 of the Liberian Maritime Law by the Commissioner of Maritime Affairs in his capacity as Head of the Liberian Maritime Authority, the principal agency of the Government of Liberia which is charged with protecting and enforcing the Liberian Maritime Laws, Conventions and Regulations.
These terms and conditions govern your use of the Liberian Registry’s WayPoint Portal© (“Waypoint System” “Waypoint Portal”) and by using this portal you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Waypoint System.
You must have the authority of the vessel owner and be at least 18 years of age to use the Waypoint System . By using the Waypoint System and thereby agreeing to the terms and conditions, you warrant and represent that you are an authorized representative of the vessel owner to use the Waypoint System and that you are at least 18 years of age.
The Liberian Registry’s Waypoint Portal© is copyright protected.
LISCR reserves the right to amend the terms, conditions, practices and procedures contained herein at any time without prior notice.
LISCR provides access to the Waypoint System as a service to you. The information contained on the Waypoint System represents information on file with the Liberian Registry as well as information and data provided by you. LISCRwill attempt to maintain the accuracy of all content as provided to the Waypoint System by you. However, LISCR makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the content of the Waypoint System and expressly disclaims all liability, whether direct or indirect, for any loss or damage arising out of the use, reference to, or reliance on any information presented on this Waypoint System.
The use of this system, as with all Internet usage, may pose a risk of damage to user computer systems because of the presence of computer viruses, software and hardware incompatibility or defects, and other factors associated with use of the Internet. Users of this system assume all risks associated with its use, including the risk that damage may occur to user computer systems, software or data stored on or contained in user computer systems. LISCR disclaims all responsibility and liability for any damages, including loss of use, loss of profits, business interruption, procurement of substitute goods or services and loss of revenues caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission of information or data, communication line failure, computer virus, theft, destruction, unauthorized access or alteration regardless of whether for negligence, breach of contract, or any other cause of action.
LISCR grants you a nonexclusive, nontransferable, revocable license to access and use the Waypoint System and services strictly in accordance with this Agreement. No printout or electronic version of any part of the Waypoint System may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Parties acknowledge hereby and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Waypoint System , Content, Services, and any software provided therein.
License to use Waypoint System
Unless otherwise stated, the Government of the Republic of Liberia, and/or its agent and/or its licensors owns the intellectual property rights in the Waypoint System and material and the vessel records, files, certifications and Official Documents on the Waypoint System . Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Waypoint System for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
· Republish material from the Waypoint System (including replication on another website);
· Sell, rent or sublicense material from the Waypoint System;
· Show any material from the Waypoint System in public;
· Reproduce, duplicate, copy or otherwise exploit material on the Waypoint System for a commercial purpose;
· Edit or otherwise modify any material on the Waypoint System;
· Redistribute material from the Waypoint System except for content specifically and expressly made available for redistribution.
Statutory Certificates, Official Documents and Invoices downloaded by the Waypoint System are authorized to be distributed and shown in public.
You must not use the Waypoint System in any way that causes, or may cause, damage to the Waypoint System or impairment of the availability or accessibility of the Waypoint System ; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Waypoint System to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Waypoint System without LISCR’s express consent.
LISCR reserves the right to restrict access to certain areas of the Waypoint System, or indeed this entire portal, at LISCR’s discretion.
If LISCR provides you with a user ID and password to enable you to access restricted areas of the Waypoint System or other content or services, you must ensure that the user ID and password are kept confidential.
LISCR may disable your user ID and password in LISCR’s sole discretion without prior notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, PDF that you submit to the Waypoint System, for whatever purpose.
You grant to LISCR a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to LISCR the right to sub-license these rights, and the right to bring an action for infringement of these rights.
LISCR reserves the right to collect and store user information such as, but not limited to, user IP address, browser versions, usage statistics, etc, in order to enhance user experience.
Your user content must not be illegal or unlawful, must not infringe any third party’s rights, and must not be capable of giving rise to legal action whether against you or LISCR or a third party (in each case under any applicable law).
You must not submit any user content to the Waypoint System that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You must ensure that all information relating to vessels under your control and management is accurate at all times, and that information regarding contact persons within your organization is kept current on the Waypoint System.
LISCR reserves the right to edit or remove any material submitted to the Waypoint System, or stored on LISCR’s servers, or hosted or published on the Waypoint System.
The Waypoint System access is provided “as is” without any representations or warranties, express or implied. LISCR makes no representations or warranties in relation to this Waypoint System or the information and materials provided in this Waypoint System.
Without prejudice to the generality of the foregoing paragraph, LISCR does not warrant that:
· The Waypoint System will be constantly available, or available at all; or
· The information on the Waypoint System is complete, true, accurate, or non-misleading.
Nothing on the Waypoint System constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter, you should consult an appropriate professional.
Limitations of liability
LISCR will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Waypoint System:
· To the extent that the Waypoint System access is provided free-of-charge, for any direct loss;
· For any indirect, special or consequential loss; or
· For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if LISCR has been expressly advised of the potential loss.
By using the Waypoint System , you agree that the exclusions and limitations of liability set out in the Waypoint System disclaimer are reasonable. If you do not think they are reasonable, you must not use the Waypoint System.
You accept that, LISCR, its officers, employees, agents, subsidiaries, and duly appointed special agents, wherever located, share in the Government of Liberia’s full immunity from suit with respect to any act or omission or thing done by any of them in the exercise of or in the performance of any of their duties.
You hereby indemnify LISCR and undertake to keep LISCR indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by LISCR to a third party in settlement of a claim or dispute on the advice of LISCR’s legal advisers) incurred or suffered by LISCR arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provisions of these terms and conditions.
Breaches of these term and conditions
Without prejudice to LISCR’s other rights under these terms and conditions, if you breach these terms and conditions in any way, LISCR may take such action a LISCR deems appropriate to deal with the breach, including suspending your access to the Waypoint System, prohibiting you from accessing the Waypoint System, blocking computers using your IP address from accessing the Waypoint System, contacting your internet service provider to request that they block your access to the Waypoint System and/or bringing court proceedings against you.
LISCR may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the Waypoint System from the date of the publication of the revised terms and conditions of the Waypoint System.
LISCR may transfer, sub-contract or otherwise deal with LISCR’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and LISCR in relation to your use of the Waypoint System , and supersede all previous agreements in respect of your use of the Waypoint System.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the Laws of the State of Virginia, United States of America, and any disputes relating to these terms and conditions will be subject to the courts in the Commonwealth of the State of Virginia.