Yotspot Connect App – End User Licence Agreement
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY
BY DOWNLOADING AND INSTALLING THE YOTSPOT CONNECT APP YOU AGREE TO THIS AGREEMENT WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD AND INSTALL THE YOTSPOT CONNECT APP.
WHO WE ARE AND WHAT THIS END USER LICENCE AGREEMENT (“AGREEMENT”) DOES
We, CB Media Group Limited, a company registered in England and Wales (Company Registration Number: 07129363) and whose registered office is situated at Ocean Village Innovation Centre, 4 Ocean Way, Southampton, Hampshire, England, SO14 3JZ, license you to use the following in accordance with this Agreement:
- The Yotspot Connect mobile telephone/handheld device application software 1.0.0, the data supplied with the software, (“Yotspot Connect App”) and any updates or supplements to it.
- Any relevant related online/electronic documentation relating to the Yotspot Connect App (“Documentation”).
- The service you connect to via the Yotspot Connect App allowing you to connect with other Yotspot Connect App users in locations around the world and the content we provide to you through it, and as more specifically described on the Yotspot website (“Service”)].
YOUR PRIVACY
We only use any personal data we collect through your use of the Yotspot Connect App and the Services in the ways set out in our privacy policy: https://www.yotspot.com/privacy-policy.html.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Yotspot Connect App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
In addition the Yotspot and third party services set out below will be governed by the following terms of use and privacy policies:
| Service | Terms & Conditions URL |
|---|---|
| The Yotspot 24/7 Account | https://www.yotspot.com/terms-and-conditions-247.html |
| The Crew Platinum Account | https://www.yotspot.com/terms-and-conditions-platinum.html |
| The Marketplace | https://www.yotspot.com/terms-and-conditions-training.html |
| Terms and conditions of using www.yotspot.com | https://www.yotspot.com/terms-and-conditions.html |
| Google Maps | https://cloud.google.com/maps-platform/terms |
| Marine Traffic | https://www.marinetraffic.com/en/p/terms |
In respect of the integration of Google Maps and Marine Traffic into the Yotspot Connect App, please see the Google Maps terms and conditions and the Marine Traffic terms and conditions above.
IOS/ANDROID APP STORE TERMS ALSO APPLY
The ways in which you can use the Yotspot Connect App and Documentation may also be controlled by any relevant iOS or Android App Store rules and policies.
OPERATING SYSTEM REQUIREMENTS
The Yotspot Connect App requires a mobile telephone device or mobile tablet device and the iOS or Android operating system (iOS (Minimum version: 12.0) / Android (Minimum version: SDK Version - 21 Android Version Name - Lollipop Code - 5.0)).
SUPPORT FOR THE YOTSPOT CONNECT APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the Yotspot Connect App or the Service or have any problems using them please take a look at our support resources at www.yotspot.com.
Contacting us (including with complaints). If you think the Yotspot Connect App or the Services are faulty or misdescribed or wish to contact us for any other reason please e-mail our customer service team at [daryl@yotspot.com] or call them on [+442380381928].
How we will communicate with you. If we have to contact you we will do so by e-mail using the contact details you have provided to us.
HOW YOU MAY USE THE YOTSPOT CONNECT APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with this Agreement you may:
- Download a copy of the Yotspot Connect App onto your mobile telephone devices or mobile tablet devices and view, use and display the Yotspot Connect App and the Service on such devices for your personal purposes only.
- Use any Documentation to support your permitted use of the Yotspot Connect App and the Service.
- Receive and use any free supplementary software code or update of the Yotspot Connect App incorporating "patches" and corrections of errors as we may provide to you.
- Upload information about yourself to your Yotspot Connect App profile, including your name, telephone number, e-mail address, yacht name and MMSI number.
- Link your Yotspot Connect App profile as being part of the crew in respect of a specific yacht.
- View other Yotspot Connect App profiles listed as part of the crew in respect of a specific yacht.
YOU MUST BE 18 TO ACCEPT THIS AGREEMENT AND INSTALL THE YOTSPOT CONNECT APP
You must be 18 or over to accept the terms & conditions contained in this Agreement.
YOU MAY NOT TRANSFER THE YOTSPOT CONNECT APP TO SOMEONE ELSE
We are giving you personally the right to use the Yotspot Connect App and the Service as set out above. You may not otherwise transfer the Yotspot Connect App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Yotspot Connect App is installed, you must remove the Yotspot Connect App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
If you do not accept the changes you will not be permitted to continue to use the Yotspot Connect App and the Service.
UPDATE TO THE YOTSPOT CONNECT APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the Yotspot Connect App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Yotspot Connect App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Yotspot Connect App and the Services.
The Yotspot Connect App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you installed it.
We reserve the right to amend or delete any information displayed via the Yotspot Connect App without notice, at any time and for any reason, including whether such information is the subject of a complaint or not.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the Yotspot Connect App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with this Agreement, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the Yotspot Connect App or any of the Services, you agree to us collecting and using technical information about the devices on which you use the Yotspot Connect App and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA
Due to the nature of the Services, the Yotspot Connect App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Yotspot Connect App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve the location-based functionality of the Yotspot Connect App.
When you use the Yotspot Connect App, you acknowledge that the Service requires the use of your location data. The Yotspot Connect App accesses and stores contact information on our secure server to send you real time notification(s) of nearby friends. You may make your estimated location (or the estimated location of any yacht to which your Yotspot Connect App profile is linked) available to other Yotspot Connect App users at any time. Your estimated location will be available to other users of the Yotspot Connect App in displaying the distance you are from other Yotspot Connect App users. You may also allow other Yotspot Connect App users to see the name of the town in which you are currently located.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES
The Yotspot Connect App or any Service may contain links to other independent websites which are not provided by us or may contain links by way of advertisements to independent websites owned and operated by advertisers. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
For the avoidance of doubt, we do not endorse any such independent websites and will not be held responsible for any actions taken by you in connection with any such independent websites.
LICENCE RESTRICTIONS
You agree that you will:
- Not rent, lease, sub-license, loan, provide, or otherwise make available, the Yotspot Connect App or the Services in any form, in whole or in part to any person without prior written consent from us;
- Not copy the Yotspot Connect App, Documentation or Services, except as part of the normal use of the Yotspot Connect App or where it is necessary for the purpose of back-up or operational security;
- Not translate, merge, adapt, vary, alter or modify, the whole or any part of the Yotspot Connect App, Documentation or Services nor permit the Yotspot Connect App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Yotspot Connect App and the Services on devices as permitted in this Agreement;
- Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Yotspot Connect App or the Services nor attempt to do any such things.
- Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Yotspot Connect App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must:
- Not use the Yotspot Connect App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Yotspot Connect App, any Service or any operating system;
- Not infringe our intellectual property rights or those of any third party in relation to your use of the Yotspot Connect App or any Service, including by the submission of any material (to the extent that such use is not licensed by this Agreement);
- Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Yotspot Connect App or any Service;
- Not use the Yotspot Connect App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Yotspot Connect App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Yotspot Connect App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Yotspot Connect App, the Documentation or the Services other than the right to use them in accordance with this Agreement.
All intellectual property rights arising out of or in connection with Google Maps or Marine Traffic are owned by the respective rights holders, and Yotspot does not assert ownership over any such intellectual property rights. Such intellectual property rights are licensed to Yotspot to allow for the integration of Google Maps and Marine Traffic into the Yotspot Connect App.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
For the avoidance of doubt, we are not responsible for any loss or damage to you or your property resulting from your attendance of any event listed on the Yotspot Connect App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The Yotspot Connect App is for private use. If you use the Yotspot Connect App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Yotspot Connect App and the Services. The Yotspot Connect App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Yotspot Connect App or the Service. Although we make reasonable efforts to update the information provided by the Yotspot Connect App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. For the avoidance of doubt, Yotspot gives no representation or warranty as to the uninterrupted, continuous, secure or error-free operation of the Yotspot Connect App or the Service.
For the avoidance of doubt, in respect of any Yotspot Connect App profiles that are linked with a specific yacht, any list of such Yotspot Connect App profiles is not an official crew list, neither is it associated with the yacht in question in any way. We shall have no liability for the accuracy of any list of such Yotspot Connect App profiles and cannot be held liable for any third-party claims or any damages arising out of or in connection with the display of such information via the Yotspot Connect App.
Please back-up content and data used with the Yotspot Connect App. We recommend that you back up any content and data used in connection with the Yotspot Connect App, to protect yourself in case of problems with the Yotspot Connect App or the Service.
Check that the Yotspot Connect App and the Services are suitable for you. The Yotspot Connect App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Yotspot Connect App and the Services (as described on the Yotspot Connect Appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the Yotspot Connect App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.
WE MAY END YOUR RIGHTS TO USE THE YOTSPOT CONNECT APP AND THE SERVICES IF YOU BREACH THIS AGREEMENT
We may end your rights to use the Yotspot Connect App and Services at any time by contacting you if you have breached this Agreement in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
For the avoidance of doubt, in the event that you misuse the Yotspot Connect App or behave in an anti-social manner in your use of the Yotspot Connect App we will end your rights to use the Yotspot Connect App and Services.
Further to the above, we reserve the right to discontinue the supply of the Yotspot Connect App and Services at any time and for any reason.
If we end your rights to use the Yotspot Connect App and Services:
- You must stop all activities authorised by this Agreement, including your use of the Yotspot Connect App and any Services.
- You must delete or remove the Yotspot Connect App from all devices in your possession and immediately destroy all copies of the Yotspot Connect App which you have.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of this Agreement operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaching this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS AGREEMENT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
This Agreement is governed by English law and you can bring legal proceedings in respect of the App in the English courts.