Use of this website
and Terms of Sale
If you contact us via this website you will provide your name, email address and other information. All your contact information is strictly confidential. We will not use this information for advertising purposes and will not sell the information to anyone. Any email you receive from us will be with regards to your purchase and/or technical support.
USE OF THE CRUISING-NEWCALEDONIA WEBSITE
Rocket Guides operates https://cruising-newcaledonia.com (the
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
The information available through the Site is provided solely for informational purposes on an "as is" basis at user's sole risk. Rocket Guides makes no guarantees as to the accurateness, quality, or completeness of the information and Rocket-Guides shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user's reliance on the information. User is solely responsible for verifying the information as being appropriate for user's personal use.
Prohibited Uses of the Site
You agree not to:
"Scrape" or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
Introduce any viruses, trojan horses, worms, logic bombs or other material or mechanism which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Otherwise attempt to interfere with the proper working of the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER, ROCKET GUIDES NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST ROCKET GUIDES, ABOUT, INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.
Copyright of text and images
The text and images on this website are copyrighted and the information and/or images may not be re-distributed without express permission from Rocket-Guides or, in the case of images, the copyright holder of the images. You agree that if you do re-distribute copyrighted material you will pay Euro 500.00 for each use.
We may terminate or suspend access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
TERMS OF SALE
Payments are made through www.paypal.com. This is a safe and protected payment system. We do not ever see your credit card information and it is not stored anywhere on our websites. We obtain your email address and, if you ordered a DVD, your postal address, but we use this only to deliver your DVD or software license and do not share this information with anyone for any reason. The only personal information stored on our servers is your email address and name. These identify you as a valid user of our software and entitles you to activate and update the cruising guides. If you wish to have your name and email removed from our database we will do so but you will no longer be able to update or activate our cruising guides.
As stated in the End-User Agreement below you are purchasing a single license to use our software for one computer. You are not in any way buying the software itself, only the right to use it on one computer. If you plan to buy a new computer you need to uninstall the license from the old one first.
You may buy a second license for one back-up computer.
You may transfer a license to a new computer but first you must uninstall the license from the old one. On Windows use the control panel to uninstall the program and record the code that verifies you have uninstalled the program.
Your license includes an online membership page where you can purchase your second license and updates by download or DVD. If you allow anyone else to use your login to access this site your license and online membership will be cancelled - you will be able to continue using your license on your activated computer but will be unable to update, transfer, or obtain a second license.
We will refund your payment if you are unable to download the software but there is a refund fee of 20 Euro so be sure to have a good internet connection and to use a download manager to download your guides.
No refunds are possible after a license is issued for a computer and the software is activated.
No refunds are possible for DVD purchases. If it does not arrive within 30 days we will arrange to send it again. If the user entered their address incorrectly during purchase there is a 20 Euro fee to resend the DVD to a revised address.
ROCKET GUIDES END-USER LICENSE AGREEMENT
This is a legally binding agreement between you (either an individual or a single entity), referred to herein as "YOU", and Rocket Guides, referred to herein as "Rocket Guides". This software entitled Rocket Nautical Guide to New Caledonia and all materials included in it are referred to herein as the "SOFTWARE". Installing, opening or using all or any portion of this software indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as "EULA" and that this agreement is equivalent to a written agreement signed by you. By selecting the box "I AGREE", you are providing your acceptance of the terms of this agreement. This agreement is enforceable against you and any legal entity that obtained the software and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this software.
IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS SOFTWARE OR THE DOCUMENTS IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.
The use of this software is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the Software and to the Software in its whole part. You are deemed to have read, understood and accepted the terms of this EULA when you install or use the Software.
1. LIMITED LICENSE. You are granted a limited, non-exclusive license to install the Software on one individual computer for your own use provided that such computer does not render the Software accessible to other users through local or Internet networks or other methods. Only the individual that installed the Software, as indicated by the user information provided when installing the Software, will have the license to use the Documents. Use by any other person, company, affiliate, corporation, Limited Liability Company, trust, or other separate legal entity will require a separate license. This includes companies that may be affiliated to you by ownership or otherwise. The license granted herein shall remain in effect perpetually, but shall terminate upon your use of the Software beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which Rocket Guides is provided under this EULA shall survive the termination of your license to use the Software.
2. PROPRIETARY RIGHTS. Rocket Guides and its suppliers retain all title, ownership, and intellectual property rights in the Software, including but not limited to all supporting documentation, files, marketing material, images, multimedia and applets. The Software and the information and images it contains is protected by copyright and other intellectual property laws and by international treaties. The Software may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. Rocket Guides permits you to download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this EULA. Use of third party material included in the Software may be subject to the terms and conditions typically found in the party's own license agreement.
3. CONFIDENTIALITY. Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this EULA, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this EULA. The Software contains trade secrets and proprietary know-how that belong to Rocket Guides and it is being made available to you in strict confidence.
ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, MAY BE ACTIONABLE AS A VIOLATION OF ROCKET GUIDES'S TRADE SECRET RIGHTS.
4. NON-TRANSFER OF RIGHTS. You may not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity's computer.
5. ALLOWED USAGE. You agree to use the information provided, including any GPS positions, routes, depths, or chart outlines, as general guide points ONLY and that you agree that you will use this information entirely at your own risk. This guide is not intended to replace official hydrographic charts and light lists. The prudent navigator keeps a constant and careful watch and does not rely on a single source of information.
This software is distributed in the hope that it will be useful, but without any warranty, without even the implied warranty of fitness for a particular purpose and you will not hold the authors of this guide, or the publishers, responsible for the accuracy of the information, GPS positions, routes or depths presented here.
6. DISTRIBUTION. You may not extract any of the digital images, GPS positions or make screen prints and distribute them in any way. You may not give or sell the gpx route files to anyone and if you do we will cancel your membership and you will be unable to activate or update your cruising guides in the future. Only distribution of the full and complete unaltered software application is allowed provided that Rocket Guides has given you prior written distributor authorization (through your participation in any of Rocket Guides's partner programs) and that all trademarks, ownership and copyright notices remain in the Software.
7. RESTRICTIONS. You may not: (i) modify or create any derivative works of the Software or documentation, including customization, any modifications or enhancements, translation or localization without Rocket Guides's express written consent; (ii) reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Software, or the underlying ideas or algorithms of the Software; (iii) remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Software; (iv) block, disable, or otherwise affect any link to websites and services, or other features that are part of the Software; (v) incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product; (vi) provide false information when registering the Software; (vii) digitally transmit or make available the Software or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a pubic network such as the Internet; (viii) use the Software in any way that violates this EULA or any law; or (ix) authorize or assist any third party to do any of the things described in this section.
8. PUBLICITY. You shall not refer to the existence of this EULA in any press release, website, advertising or any publicly distributed or accessible material, without the prior written consent of Rocket Guides.
9. SOFTWARE LICENSE KEY. Use of the Software requires the purchase of a Software license key. You agree not to attempt to, and not to, control, disable, modify or remove any component of the Software license key protection system. You also agree not to access, attempt to access, copy, share or distribute the license key for any purpose.
10. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, ROCKET GUIDES AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, DAMAGE TO YOUR VESSEL OR ANYONE ABORD IT, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. ROCKET GUIDES'S LIABILITY UNDER THIS EULA IS LIMITED TO REPLACEMENT OF A DVD OR PROVISION OF A DOWNLOAD LINK FOR THE SOFTWARE AND WILL NOT EXCEED FIVE EURO (Euro 5.00).
11. DISCLAIMER OF WARRANTY. YOU ACCEPT THE SOFTWARE "AS IS" AND WITH ALL FAULTS (IF ANY). ROCKET GUIDES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROCKET GUIDES MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT OF THE CRUISING GUIDE AND YOUR USE OF THE CRUISING GUIDE, OR THE SUITABILITY OF THE CRUISING GUIDE TO MEET YOUR SPECIFIC NEEDS.
Rocket Guides makes no warranties with respect to the information contained in the guide as described above and as such, there should be no reason for you to bring any grievance against Rocket Guides. However, if you do bring any action, claim, suit, threat or demand against Rocket Guides, and you do not substantially prevail, you shall pay Rocket Guides' entire attorney fees and costs attached to such action.
In the same token, if Rocket Guides is forced to take legal action to enforce this EULA or any of its rights described herein or under any state or federal law, you will pay Rocket Guides' attorney fees and costs.
12. VIOLATIONS OF THIS EULA. Rocket Guides reserves all rights not specifically granted to you above. Rocket Guides will have the right to proceed against you in the event that you infringe against Rocket Guides' rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that Rocket Guides' damages in the event of your violation of this EULA will be substantial and that Rocket Guides will suffer irreparable harm in such event. As such, Rocket Guides shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
13. TERMINATION. Rocket Guides shall have the sole and exclusive right to immediately terminate this EULA and suspend your license to use the Software should you fail to perform any obligation required under this EULA, engage in activity that Rocket Guides deems harmful to its well-being or if you become bankrupt or insolvent. This EULA takes effect upon your installation of the Software and remains effective until terminated. Upon termination of this EULA by Rocket Guides, you shall destroy or return to Rocket Guides the original and all copies of the Software.
14. WAIVER & SEVERABILITY. Rocket Guides' waiver of any breach of this EULA shall not constitute an amendment to this EULA or Rocket Guides' waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.
15. ELECTRONIC NOTICES. You consent that Rocket Guides may provide you with information and notices regarding the Software and Rocket Guides via the email address you designate when installing the Software or thereafter. Rocket Guides may provide notices to you via (i) email if you have provided Rocket Guides with a valid email address, or (ii) by posting the notice on the Rocket Guides website or the Software download site which Rocket Guides owns and operates. You may withdraw your consent for electronic notices.
16. AMENDMENTS. Rocket Guides reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the Software, Rocket Guides' website or this EULA. No course of dealing or trade usage shall be deemed to amend the terms of this EULA.
17. GOVERNING LAW. This EULA shall be governed by and construed under the laws of New Caledonia. You consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in courts sitting within the country of New Caledonia, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
18. COMPLETE AGREEMENT. This is the entire EULA between Rocket Guides and you relating to the Software and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Software.
For inquiries please contact:
ROCKET GUIDES, BP 2568 Noumea, CEDEX 98846 New Caledonia
Rocket Guides is the registered trademark of Rocket Guides in the New Caledonia and in other countries.
Copyright 2001-2018 ROCKET GUIDES - Last revised: 1 May 2018.