General
Thank you for visiting Dorsal (herein referred to as (“We,” “Dorsal,” “Site,” or “Service”). These Terms of Service (“Terms”) govern your access to and use of the services and websites, mobile apps (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You acknowledge that Dorsal is a risk reduction solution that may form part of your shark risk reduction strategy, but cannot be relied upon to keep you safe in the water. We do our best to provide timely and accurate reports, but sharks by their very nature are unpredictable. You acknowledge and accept the risk every time you enter the water and acknowledge that the information and content and content of this service is not guaranteed.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and in the future through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
If you create an account and use our website and services, this implies you agree to our general terms and conditions.
You must become a member (“Member”) to be granted access to the Services. The information provided by you must be true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
To become a Member, you may provide your email address and select a password (in either event, your “Account Credentials”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Credentials, we will rely on those Account Credentials and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Credentials and all activities that occur under or in connection with your Account Credentials. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account Credentials, including without limitation terminating your access, changing your password, or requesting additional information to authorize activities related to your Account Credentials. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event and under no circumstances will Dorsal be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Dorsal under this provision, (ii) any compromise of the confidentiality of your Account Credentials, and (iii) any unauthorized access to or use of your Account Credentials. Please notify us immediately if you become aware that your Account Credentials are being used without authorization.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Dorsal or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.
We may not always be able to enforce these rules and you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.
General rules of user conduct
It is our goal to make access to our Site and Services a good experience for all of our users. With that in mind we provide you our opinion of rules to follow when using the Site and Services: We are not responsible for user actions or policing user activity. The following activities are prohibited on the Site and Services. Accordingly you agree that you will not:
- 1.Conduct or promote any illegal activities while using the Site or Services;
- 2.Upload, distribute or print anything that may be harmful to minors;
- 3.Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- 4.Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- 5.Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- 6.Use the Site or Services to generate unsolicited email advertisements or spam;
- 7.Use the Site or Services to stalk, harass or harm another individual;
- 8.Take any action that may undermine the feedback or ratings systems;
- 9.Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- 10.Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- 11.Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
- 12.Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- 13.Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
In using certain Services, you authorize us to act on your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a “SN Site”) to retrieve information from, and/or submit information to, such SN Sites at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the SN Site to access it on your behalf. You can revoke our access to an SN Site at any time by amending the appropriate settings from within your account settings on that site. You should note that an SN Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN Site.
Privacy Policy
Thank you for visiting Dorsal (herein referred to as (“We,” “Dorsal,” “Site,” or “Service”) and its privacy policy. This privacy policy tells you how we use personal information collected at this Site and in the Dorsal application. Please read this privacy policy before using the site or submitting any personal information or reports. By using the Site, you are accepting the practices described in this privacy policy.
Dorsal reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
You acknowledge and agree that in certain circumstances we may be obliged to disclose personal information you submit to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend our rights.
We reserve the right to transfer ownership of the website (including personal information you submit) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of us, a subsidiary or line of business associated with us.
This website does not use cookies except to enable our system to remember whether or not a user has used its password to log in. This is to help us improve our website. It enables the system to automatically log out users after a certain period of time or force the user to log in again if the user closes the web page and then starts it up again. This is to prevent third parties from gaining unauthorized access to a user’s account and is for users’ own protection.
You should note that technical details which we cannot associate with any identifiable individual do not constitute “personal data” for the purposes of the Data Protection Acts 1988 and 2003.
Please note that third party external websites to which we provide links (over which we have no control and do not stand over in any way) may also use cookies.
Third Party content and other website
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Dorsal of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, DORSAL AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Dorsal will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content. You also agree that Dorsal has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Dorsal or through the Services, will create any warranty not expressly made herein.
Dorsal Pro Paid Accounts
Dorsal provides you with the option to to pay an annual subscription of $9.99 via your iTunes or Google Play account to have the In-App ads removed and for you to receive push notifications shark alerts to your mobile. This is an annual recurring fee and may vary by country. You will see the total price before completing your purchase. No refunds will be provided post purchase, unless required by law. To avoid renewal, you must turn off auto-renew at least 24 hours before your subscription ends which you can do by turning off auto-renew at any time from your account settings.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DORSAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DORSAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnity
You agree to indemnify, defend and hold harmless Dorsal our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Site or Services, including any content you submit thereto (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
Waiver and Severability
The failure of Dorsal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Law and jurisdiction
These Terms and any action related thereto will be governed by the laws of the Australia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Dorsal, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Entire Agreement
These Terms and Conditions and our Privacy Policy are the entire and exclusive agreement between Dorsal and you regarding the Services (excluding any services for which you have a separate agreement with Dorsal that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Dorsal and you regarding the Services. Other than members of the group of companies of which Dorsal is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at https://www.dorsalwatch.com/termcondition. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Dorsal. If you have any questions about these Terms, please contact us at info@dorsalwatch.com.
